Publications

Guidance on FASB Multiemployer Plan Disclosures

Friday, January 6th, 2012

Horizon has prepared a BULLETIN to assist employers and their accountants in complying with the FASB’s new disclosure requirements related to participation in multiemployer pension plans.

The new standard requires the following disclosures:

1. The amount of employer contributions made to each significant plan and to all plans in the aggregate.

2. An indication of whether the employer’s contributions represent more than five percent of total contributions to the plan.

3. An indication of which plans, if any, are subject to a funding improvement plan or rehabilitation plan.

4. The expiration date(s) of the collective bargaining agreement(s) and any minimum funding arrangements.

5.The most recent certified funded status of the plan, as determined by the plan’s “zone status” under the Pension Protection Act of 2006. If the “zone status” is not available, an employer will be required to disclose whether the plan is less than 65% funded, between 65% funded and 80% funded, or at least 80% funded.

The new disclosure requirements will be required for fiscal years ending after December 15, 2011 for publicly-traded companies.  For non-publicly traded companies, the new disclosure requirements will be required for fiscal years ending after December 15, 2012.

The information required in the new disclosures can generally be found in the employer’s own records, notices that the multiemployer plans were required to send to the employer, and publicly available Form 5500 information filed by the plans.  Therefore, complying with the new requirement will hopefully not pose a significant burden for most employers.

The above and the Horizon bulletin are not presented as specific legal or accounting advice for any particular plan, employer, or accountant.

IRS Releases Guidance on Funding Relief for Multiemployer Plans

Monday, November 29th, 2010

On November 26, 2010, the IRS released Notice 2010-83, which provides guidance on the special funding relief rules available to multiemployer pension plans under the Pension Relief Act of 2010.  This guidance had been anticipated since the Pension Relief Act was signed into law on June 25, 2010.

Notice 2010-83 is posted on the IRS website, along with a summary of its key provisions.  The guidance is presented in a question and answer format.  Notice 2010-83 follows Notice 2010-56, which was released on July 30, 2010 and contained preliminary guidance on the Pension Relief Act of 2010.

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Available for download is a HORIZON BULLETIN (updated December 13, 2010) summarizing the provisions of the Pension Relief Act of 2010 affecting multiemployer plans, reflecting the guidance provided by the IRS in Notice 2010-83.

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The following are key pieces of guidance provided by Notice 2010-83:

*  The 2008 and 2009 investment losses eligible for relief are determined on a market value basis, rather than the less favorable actuarial value basis, as some had feared.

*  For plans electing relief, it appears the restriction on benefit improvements will range from three to twelve years, depending on how much of the available relief is utilized.  (The language of PRA 2010 hinted that the restriction might apply for as long as 32 years.)  Restrictions do not apply if the benefit improvements are funded through increased contributions or are required by law.  Further clarification on this issue may be needed.

* Plans can shorten the benefit increase restriction period at any time by opting out of relief prospectively, without losing the effect of the relief applied prior to opting out.

*  The PPA certification status for the current plan year may be revised to reflect funding relief, but re-certification is not required.  (Any re-certification must be done before the end of the plan year to which the re-certification applies.)  Similarly, a plan may (but is not required to) update a previously-adopted funding improvement plan or rehabilitation plan to reflect the funding relief.

* Details are provided regarding the manner and timing of the relief election and the required notices to plan participants and the PBGC.  Generally, Trustees must make a formal decision to use the special rules by the earlier of the date of the 2011 actuarial certification or June 30, 2011.

Response to Washington Examiner Editorial

Tuesday, September 21st, 2010

On July 9, 2010, The Washington Examiner published an editorial by Mark Tapscott titled “Are you depending on one of these 108 worst-funded union pension plans?” Over the past several weeks, this editorial has gained some attention, and some parties have even distributed it to people covered under these pension plans.

It is true that many pension plans – both union and non-union – are facing challenges in the wake of the financial market collapse of 2008 and continuing poor economic conditions. However, The Examiner editorial uses misleading information to portray union pension plans as being worse funded than they actually are.

This Horizon bulletin outlines the ways in which the information in The Examiner editorial (taken from a Moody’s report from September, 2009) is misleading.  A participant in a multiemployer pension plan who has questions regarding its funded status should contact the plan itself to receive better information.

NECA Convention: State of Multiemployer Plans

Tuesday, September 15th, 2009

Horizon’s Stan Goldfarb gave a joint presentation with Lake Coulson, the executive director of government affairs for the National Electrical Contractors Association (NECA). This presentation was delivered at the September, 2009 NECA Convention and discussed the current state and future outlook for multiemployer pension plans.

Note:  The presentation is posted on the NECA Convention website.

Construction Labor Report: August, 2009

Wednesday, August 12th, 2009

Horizon’s Stan Goldfarb was quoted in the Construction Labor Report published in August, 2009 through the Bureau of National Affairs (BNA).

Note: The report is posted on the Builders Association website.

Bulletin: New Disclosure Requirements for Multiemployer Plans

Saturday, August 1st, 2009

One of the goals of the Pension Protection Act of 2006 (PPA) was to promote transparency among pension plans.  To that end, PPA requires multiemployer plans to provide additional information in its Form 5500 filings, for plan years beginning during 2008 or later.  This additional information will be included in an attachment to the Schedule R of the Form 5500.  Thirty (30) days following the filing due date, PPA requires similar information to be furnished to unions and participating employers in the form of a special notice.

This Horizon bulletin outlines the new reporting and notice requirements.

Report: PPA Multiemployer Plan Summary

Friday, February 1st, 2008

The Pension Protection Act of 2006 (PPA) made sweeping changes to rules affecting the funding and administration of private pension plans.  This Horizon report summarizes the key provisions affecting multiemployer plans.

Included in this report are summaries of:
* Actuarial certification criteria
* PPA annual timeline
* Funding improvement plans (for plans in endangered status)
* Rehabilitation plans (for plans in critical status)
* Adjustable benefits (for plans in critical status)
* Employer surcharges (for plans in critical status)
* Amortization extensions
* Additional disclosure and reporting requirements