PBGC Seeks Adviser and Provider Input on Agenda

Retirement plan industry stakeholders are asked what objectives and projects the pension insurance agency should prioritize in the years ahead. 

The Pension Benefit Guaranty Corporation (PBGC) published a request for information (RFI) in the Federal Register, seeking feedback on what regulatory and deregulatory actions the agency should pursue.

The RFI includes 13 questions that respondents can address in their comments. It also offers an opportunity to introduce other concerns and suggestions, PBGC explains.

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Comments can be submitted via email to reg.comments@pbgc.gov, or directly through the Federal eRulemaking portal.

PBGC shares the following tips for responding to the RFI effectively: “With an eye toward the Fall iteration of the semi-annual regulatory agenda, PBGC is requesting information, suggestions, and comment from the public—including from plan sponsors, participants, practitioners, organizations representing retirees and plan participants, and other parties participating in or affected by PBGC’s programs—on regulatory and deregulatory actions PBGC should take … To maximize the effectiveness of comments, PBGC suggests that commenters clearly identify the regulation at issue, providing the Code of Federal Regulations (CFR) citation where available; explain, in as much detail as possible, why they believe regulating in a specific area is necessary or beneficial, or why an existing rule may be outdated, unnecessary, or ineffective; and describe the costs and benefits of taking a particular regulatory or deregulatory action and the data or experience on which the commenter bases a recommendation.”

In particular, PBGC wants know what whether “tools such as regulatory safe harbors” help plans and sponsors comply with applicable requirements, and if so, what areas particularly would benefit from additional safe harbors?

Other topics raised by PBGC include whether there are “challenges affecting the establishment and maintenance of pension plans or other aspects of the private pension plan system that should be addressed through rulemaking or other guidance.”

The RFI continues: “Are there regulations PBGC should modernize that have become outdated? If so, what type of change (e.g., innovations in technology, business or actuarial practices, consumer needs) has caused the rules to become outdated? How would PBGC modernize such rules? What, if any, technological developments would relieve the administrative burden of an existing regulation or existing information collection? Are there regulations establishing programs or processes that have not operated as well as expected? If so, what specifically has not worked and why?”

The latter part of the RFI is concerned with regulations that are “unnecessarily complicated which could be streamlined to achieve regulatory objectives more efficiently,” as well as the matter of whether PBGC asks for information in forms or on reports that may be stale, duplicative, or unnecessary to achieve a particular statutory purpose or regulatory objective. 

DC Plan Sponsors Express Desire to Move to State-Run Plans

Plan sponsors' fear of plan lawsuits is highly correlated to willingness to discontinue a DC plan in favor of a state solution, LIMRA finds.

Several states have acted to provide state-run plans for private-sector workers that may not have access to a retirement plan. However, a study finds some employers that offer defined contribution (DC) plans to their employees may discontinue those in favor of government-run plans.

According to surveys by LIMRA, 55% of employers surveyed said if a state-run plan were available, they are very or somewhat likely to stop offering their DC plan and have employees enroll in the state plan. Forty percent indicated they were not very likely or not at all very likely to do so.

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Plan sponsors’ fear of plan lawsuits is highly correlated to willingness to discontinue a DC plan in favor of a state solution.

However, among those committed to continuing to offer their DC plans to workers, they say they care about the retirement readiness of their workers, are confident they are managing their plans properly, so that the lawsuits are not a concern. They also believe that the benefits of offering a plan outweigh the challenges, and have a strong sense of responsibility to help their employees meet their retirement savings goals.

A survey of employees found few are familiar with the state initiatives. More than half (6 in 10) workers support state mandates about workplace retirement savings, but they are not confident in government administration of retirement savings.

LIMRA found employees highly value many aspects of DC plans that will likely not be part of state-mandated solutions.

The full report of the surveys and/or an executive summary may be downloaded from here.

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