To: Mephisto who wrote (2015 ) 3/6/2002 8:43:52 PM From: Mephisto Respond to of 15516 Shelters for Executive Pensions Appear to Get Support Under Bush Monday February 25, 12:51 am Eastern Time biz.yahoo.com Despite criticism over how top Enron Corp. officials were able to protect their special executive pensions while other employees saw retirement savings devastated, tax consultants say the Bush administration has softened proposed new rules, which will allow top executives to continue sheltering billions of dollars in pension savings, The Wall Street Journal reported Monday. ADVERTISEMENT The guidelines, released in January 2002 , appear to offer a reprieve from an earlier, tougher version promulgated in the final weeks of the Clinton administration. Those rules essentially slammed the door on so-called split- dollar life-insurance policies, in which companies pay the vast majority of the premiums on lucrative insurance policies that benefit top executives or their families. These policies are typically used to shelter executive pension benefits. The Bush administration's willingness to allow executives to continue to shelter their special executive pensions and enjoy other protections not available to regular workers' retirement plans contrasts with the administration's deliberations over policies that would punish top corporate executives for various abuses involving such things as misleading shareholders. The bottom line is that, regardless of what move the administration may make affecting top executives in the wake of the Enron scandal, it is unlikely to take any actions that will curtail their special pension benefits and protections. In a typical split-dollar arrangement the company pays most of the premium -- costs it ultimately would recoup. At the same time the executive could borrow against this policy for a variety of uses, or leave the funds until the executive's death for his or her heirs to recoup, largely tax-free. The new Treasury rules would grandfather in billions of dollars in existing policies and allow the insurance industry to craft new ones that, while somewhat less attractive, achieve much the same ends of those currently in place. This is a departure from the guidelines developed under President Clinton that didn't provide any interim or grace period. Many in the benefits industry see the rules as a way to continue offering such products, which would have been curtailed under the Treasury's previously announced position before President Bush took office. "I think we're in a huge window of opportunity right now," says Michael D. Weinberg, a Denver consultant and a member of the Association for Advanced Life Underwriting's Split-Dollar Task Force. Insurers and pension consultants, including his firm, have begun developing computer models to show what kind of plans are best under the new rules, he says. "I'm very bullish on it." Joseph Hessenthaler, a consultant in Philadelphia with Towers Perrin, adds, " We're sort of back to where we were, but with greater certainty. Frankly, I think you're going to see people using this again." The insurance industry, he adds, has "got to be jumping for joy." The administration says it didn't soften the tax treatment for split-dollar policies. Indeed, says Mark Weinberger, assistant secretary of the Treasury for tax policy, the latest rules are "as tight if not tighter" than those released last year. "What we thought we were doing is tightening the rules," because the final regulations, once implemented, will impose taxes that eventually will make most split-dollar life-insurance policies more costly, said Pam Olson, a deputy to Mr. Weinberger. Copyright (c) 2002 Dow Jones & Company, Inc. All Rights Reserved.