DOL Inspector General Says EBSA Lacks Resources to Audit Pensions

Link: https://burypensions.wordpress.com/2023/12/06/dol-inspector-general-says-ebsa-lacks-resources-to-audit-pensions/

Excerpt:

planadvisor.com reports:

Department of Labor Inspector General Larry Turner issued a semi-annual report Tuesday arguing that the Employee Benefit Security Administration lacks both the resources and authority to fulfill its mandate to employee benefit plans. The report particularly emphasized EBSA’s limited authority to conduct thorough audits of workplace retirement plans.

My takeaways from the report:

The OIG remains concerned about the Employee Benefits Security Administration’s (EBSA) ability to protect the integrity of pension, health, and other benefit plans of about 153 million workers, retirees, and their families under the Employee Retirement Income Security Act of 1974 (ERISA). In particular, the OIG is concerned about the statutory limitations on EBSA’s oversight authority and inadequate resources to conduct compliance and enforcement. A decades-long challenge to EBSA’s compliance program, ERISA provisions allow billions of dollars in pension assets to escape full audit scrutiny. The act generally requires every employee benefit plan with more than 100 participants to obtain an audit of the plan’s financial statements each year. However, an exemption in the law allowed auditors to perform “limited-scope audits.” These audits excluded pension plan assets already certified by certain banks or insurance carriers and provided little to no confirmation regarding the actual existence or value of the assets. (page 23)

Author(s): John Bury

Publication Date: 6 Dec 2023

Publication Site: burypensions

Working Enrolled Actuaries

Link: https://burypensions.wordpress.com/2023/10/23/working-enrolled-actuaries/

Graphic:

Excerpt:

  • Public and Multiemployer plan actuaries would not be in this listing as there is no actuarial certification for public plans and union plans have their own Schedule MB which I have no incentive to keep track of.
  • ‘One-participant’ plans are not included here since their filings are not publicly available for view so there are far more SBs signed by the small-plan actuarial community. For example, I have 83 SBs signed in 2021 that appear on the DOL website but do another 150 ‘one-participant’ SBs that do not.

Author(s): John Bury

Publication Date: 23 Oct 2023

Publication Site: burypensions

The 96 Billion Dollar Game: You Are Losing

Link:https://burypensions.wordpress.com/2023/06/12/the-96-billion-dollar-game-you-are-losing/

Excerpt:

That was back in 1993 when the book on “how personal injury litigation has become a costly game to you’ came out so these quotes may be outdated in their numbers.

….

The Insurance Information Institute estimates that 40 percent of all medical malpractice insurance is written through companies owned by doctors. (page 88)

Litigation is necessary to help the litigants acquire the information necessary to settle cases and to resolve questions of injury, liability, value and law….I estimate that no more than ten percent of the lawsuits currently filed need information that can be obtained only through the deposition process. However, once the information has been obtained, usually within a matter of a few months after the filing, most of these cases should settle. (page 114)

In the less regulated or unregulated states, the insurance rates are lower because the companies can compete freely. The problem is not the insurance companies ripping off the public but the stifling regulations. (page 123)

….

“The most blatant examples of misguided regulatory involvement in automobile insurance prices occurred in Massachusetts and New Jersey”. Jean C. Hiestand, the V.P. General Counsel of State Farm Insurance Company, in Competition And the Rating Laws: Do They Make A Difference? “They not only pay the highest rates but a large percentage are in the involuntary markets”. (page 149)

Many states do not allow insurance protection for punitive damages because punitive damages are to punish you for conduct beyond ordinary carelessness….Where punitive damages are sought, you have read that juries sometimes find against an innocent person or company for large sums. Worse yet, such debt is not dischargeable in bankruptcy. (page 189)

Author(s): John Bury

Publication Date: 12 Jun 2023

Publication Site: burypensions

NJ Actuarial Reports – The Believable Numbers 6/30/22

Link: https://burypensions.wordpress.com/2023/04/03/nj-actuarial-reports-the-believable-numbers-6-30-22/

Graphic:

Excerpt:

The June 30, 2022 actuarial reports for the New Jersey Retirement System are now all out and there are a few numbers therein that can be taken seriously (none involving liabilities or even the market value of assets considering all those self-valued alternative investments). The main purpose of these official actuarial reports is to determine the ‘required’ contributions which practically all parties have a vested interest in understating so we get a bunch of fanciful numbers where possible. However, these numbers you can’t pretty up:

Author(s): John Bury

Publication Date: 3 April 2023

Publication Site: burypensions

5500 – Central States – 2021

Link: https://burypensions.wordpress.com/2022/10/20/5500-central-states-2021/

Graphic:

Excerpt:

With the 5500 filing season done it is time to tentatively get back to some blogging – starting with the plan that was likely to bring the PBGC (and the entire private pension system) down before the SFA bailout and now will be another cog in the hyperinflation wheelbarrow.

We had some 5500 history in an earlier blog through 2016. This is where the plan was last year based on their 5500 filing for 2021:

Plan Name: Central States, Southeast & Southwest Areas Pension Plan

EIN/PN: 36-6044243/001

Total participants @ 12/31/21: 357,056 including:

  • Retirees: 189,449
  • Separated but entitled to benefits: 117,511
  • Still working: 50,096

Asset Value (Market) @ 1/1/21: 10,409,440,502

Value of liabilities using RPA rate (2.43%) @ 1/1/21: $58,623,837,073 including:

  • Retirees: $34,084,275,398
  • Separated but entitled to benefits: $15,801,905,005
  • Still working: $8,736,875,945

Funded ratio: 17.76%

Author(s): John Bury

Publication Date: 20 Oct 2022

Publication Site: burypensions

SFA Update – 9/2/22

Link: https://burypensions.wordpress.com/2022/09/02/sfa-update-9-2-22/

Graphic:

Excerpt:

The PBGC Special Financial Assistance program for troubled multiemployer plans updated today with one new filer (Toledo Roofers Local No. 134 Pension Plan), one withdrawal (Bricklayers Union Local No. 1 Pension Fund) and one approval asking for more (Local Union No. 466 Painters, Decorators and Paperhangers Pension Plan). 

Author(s): John Bury

Publication Date: 2 Sept 2022

Publication Site: burypensions

SFA Update – One Refiler; One Approval

Link: https://burypensions.wordpress.com/2022/08/05/sfa-update-one-refiler-one-approval/

Graphic:

Excerpt:

The PBGC Special Financial Assistance program for troubled multiemployer plans weekend update showed one approval (Pension Plan of the Printers League – Graphic Communications International Union Local 119B out of East Farmingdale, NY) and a plan that withdrew their application last week (Local 966 Pension Plan out of Cresskill, NJ) is back and asking for over $8 million less.

Author(s): John Bury

Publication Date: 5 Aug 2022

Publication Site: burypensions

417(e) Barometer

Link: https://burypensions.wordpress.com/2022/05/24/417e-barometer/

Excerpt:

The 417(e) segment rates for April, 2022 were just released and two takeaways:

  1. 50 basis point increase in one month indicates that lump sums being paid out of Defined Benefit plans will be greatly decreased in 2023 from 2022; and
  2. The economy is in a recession similar to 2008-9.

Author(s): John Bury

Publication Date: 24 May 2022

Publication Site: Burypensions

UMWA 5500 Update – 6/30/21

Link: https://burypensions.wordpress.com/2022/06/02/umwa-5500-update-6-30-21/

Excerpt:

Five years ago retired coal miners traveled to Washington, D.C. to lobby lawmakers to put in place a federal safety net in case the United Mine Workers of America (UMWA) pension fund fails. Coal plant closures and company bankruptcies have sent the pension fund to the edge of collapse. In October, 2019 Murray Energy, the last major company propping up the dwindling fund, also went bankrupt and the prediction was insolvency in FY23.

By the April 15, 2022 deadline, the plan submitted their 5500 form for the year ended 6/30/21 showing only 68 active participants remaining and providing an idea of how much more taxpayers will now be on the hook for on top of what appears to be the $330 million that came in during the plan year.

Author(s): John Bury

Publication Date: 3 June 2022

Publication Site: Burypensions

SFA Update – Two Refilers

Link: https://burypensions.wordpress.com/2022/05/20/sfa-update-two-refilers/

Graphic:

Excerpt:

The PBGC Special Financial Assistance program for troubled multiemployer plans weekend update showed a refiling of a prior withdrawal (America’s Family Benefit Retirement Plan) that asked for $4,.5 million less and one withdrawal and immediate refile (UTWA NJ Union Employer Pension Plan) that asked for $17,918 more.

Author(s): John Bury

Publication Date: 20 May 2022

Publication Site: burypensions

NJ Actuarial Reports – The Believable Numbers 6/30/21

Link: https://burypensions.wordpress.com/2022/04/29/nj-actuarial-reports-the-believable-numbers-6-30-21/

Graphic:

Excerpt:

The June 30, 2021 actuarial reports for the New Jersey Retirement System are now all out and there are a few numbers therein that can be taken seriously (none involving liabilities or even the market value of assets considering all those self-valued alternative investments). The main purpose of these official actuarial reports is to determine the ‘required’ contributions which practically all parties have a vested interest in understating so we get a bunch of fanciful numbers where possible. However, these numbers you can’t pretty up:

Author(s): John Bury

Publication Date: 28 April 2022

Publication Site: burypensions

Central States Fall

Link: https://burypensions.wordpress.com/2022/05/09/central-states-fall/

Graphic:

Excerpt:

All 1,298 pages of the Central States, Southeast and Southwest Areas Pension Fund bailout application is on the SFA website but, for me, it is these two pages that tell the tale of the fall of this and many other union pension plans.

…..

Funded ratio: 21.91%

Unfunded Liabilities as of 1/1/20: $43,878,930,013

Asset Value (Market) as of 12/31/20: $10,409,490,502

Contributions 2020 (MB): $662,009,633

Contributions 2020 (H): $406,600,320

Payouts 2020: $2,842,184,040

Expenses 2019: $53,552,2071

Author(s): John Bury

Publication Date: 9 May 2022

Publication Site: burypensions