To: RealMuLan who wrote (54314 ) 8/4/2006 1:53:11 PM From: mishedlo Respond to of 116555 United States: Financial Market Implications of Pension Reform: Update Richard Berner (New York) After nearly two years of debate, Congress has just passed pension reform legislation, and the President likely will sign it. The Pension Protection Act of 2006 improves on current law in several important respects, but together with pending changes in pension accounting, it would expose more fully the economic cost of defined-benefit (DB) plans. As a result, I continue to think that plan sponsors are likely to accelerate the ongoing shift from DB to defined-contribution (DC) plans, and potentially re-allocate portfolios away from equities and towards longer-duration bonds (see for example, “Financial Market Implications of Pension Reform,” Global Economic Forum, January 18, 2005). Indeed, that shift will probably continue even if the reform process bogs down again. But I also think that the resulting market effects could be smaller than I judged two years ago. Here’s why. First, let’s look at the provisions of the new law. It tries to strike a balance between improving the soundness of the pension and retirement saving system and mitigating the resulting increase in costs accruing to plan sponsors. To their credit, the framers embraced some widely-accepted, “best practice” principles for reform. They would require plan sponsors to use more realistic mortality, discount-rate and return assumptions than in current law to calculate funding targets for single-employer plans. For example, the Act requires the IRS to prescribe that most plans use current mortality tables instead of those from 1983 now in use. The Act would require discounting cash flows with a yield curve that matched these flows’ time profile rather than a single corporate yield. It would limit the smoothing of asset values to no more than a 24-month period rather than five years. It would require plans to be 100% funded rather than the 90% currently allowed. The new law would also better define plans at risk, require action to fund them, and increase premiums paid to the pension insurer, the Pension Benefit Guarantee Corporation. It would deem plans at risk if they fell below 70% funded status under worst-case assumptions or 80% under standard assumptions. Plans so designated for two of the past four years would face accelerated funding rules. Such plans could not increase benefits or allow lump-sum distributions. PBGC premiums would rise sharply for riskier plans. The Act would also tighten funding and withdrawal rules for multi-employer plans. The framers of the law understand that the DB system will continue morphing into a DC framework, forcing workers to shoulder more interest-rate, return, and longevity risks. Recognizing that DC plans like 401(k)s also come up short, the new law would improve rules governing such plans as well. It would encourage automatic enrollment with an opt-out provision to increase participation. And it would extend the DC sweeteners enacted in earlier legislation, such as increasing contribution limits, allowing “catch-up” contributions for older workers, and making permanent and indexing the “Savers’ Credit” that allows a tax credit for contributions up to $2000 in 2006 dollars. There’s no mistaking the major compromises and gaps in the Act. While the framers tightened funding rules, opponents of change forced them to accept extended transition periods, especially for some troubled airlines. The delayed start (in 2008) and long phase-in of tougher rules (to 2011 for well-funded plans, to 2013 for those at risk, and to 2023 for airlines that opt for a “hard freeze” of their plans — closing them to new entrants and eliminating further benefit accruals) reduce the proposals’ effectiveness. As I see it, lawmakers would not have needed such compromises had the bill mandated the separation and defeasing of “legacy costs,” or the value of unfunded past promises. That’s because defeasance would wipe the slate clean and thus put consideration of future promises by all sponsors on equal footing (see “Defeasing Legacy Costs,” Global Economic Forum, November 28, 2005). And lawmakers did not sufficiently toughen return and other assumptions. But politically, such radical change is difficult to achieve. That the current effort has won praise from diverse critics such as the United Auto Workers union and the American Benefits Council speaks to the concessions needed to translate reform proposals into reality. Even with long transitions that soften the blow to sponsors of tougher funding rules, the Act would expose more clearly the true economic costs of DB pensions than is apparent under current law. The Financial Accounting Standards Board’s proposal to amend significantly accounting rules for pension and other postretirement benefits — first including the under- or over-funded status of plans in shareholders’ equity and subsequently putting gains or losses in the income statement — would further expose such costs to investor scrutiny. The reality of pension reform thus could accelerate the freezing of DB plans as more CFOs decide that they are simply too expensive. My colleagues and I have argued that the incipient demand for duration resulting from these changes could cap both long-term yields and equity returns in coming years (see “Demand for Duration: Coming Soon? Global Economic Forum, March 10, 2006). But the effects may be small — indeed, smaller than the potential flows out of equities into bonds might imply. The reasons: The transition period for both new pension regulations and accounting rules is long, and some of this is likely already in the price after years of discussion and dozens of plan freezes. That Congress has passed pension reform and will send it to the President for signing is good news, but it isn’t the end of the story. While HR 4 is a tome of 907 pages, the devil is always in the details of complex legislation. Many of the provisions are already laced with exceptions and some are obscure. Talk is already circulating of a “clean-up” bill that would correct, clarify and amend some provisions. The danger from a public policy perspective is that some of the provisions will be further watered down, leaving taxpayers and the pension system still at risk.morganstanley.com