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Federal Issues

Temporary Funding Relief for Defined Benefit Pension Plans 

AICPA Position

AICPA supports temporary funding relief for pension plans, and worked with a coalition, coordinated by the U.S. Chamber of Congress, to win the required legislative action.

Background

Due to the current economic crisis, many defined benefit pension plans are currently underfunded according to the Pension Protection Act of 2006, which requires pension plans to be fully funded as defined by the Act.  The value of assets held by many pension plans has fallen due to recent declines in global financial markets.  And liabilities have increased due to the low interest rate environment.  As a result, payments to fund the losses in pension plans and comply with funding levels required by the 2006 law would impose significant financial hardship on many companies. This in turn would likely cause those companies to restrain expenditures, such as hiring or retaining workers, and research and development, all of which are necessary to help end the recession. Temporary funding relief for the shortfall would alleviate the burden on the sponsoring company with no adverse effect on the payment of pensions to retirees.

The temporary funding relief act offer two alternatives.  The first allows the shortfall to be made up over 15 years, instead of the current 7-year period.  A second alternative would allow interest-only payments to be made on the shortfall for 2 years, with the normal 7-year amortization of the shortfall to begin at the end of the 2-year period.

Legislative Action

A bill has been introduced in the House by Representatives Earl Pomeroy, a North Dakota Democrat, and Pat Tiberi, an Ohio Republican.  No action has been taken on the Pomeroy/Tiberi bill.  Temporary pension funding relief utilizing the 15-year and 2/7-year amortization alternatives was included in the American Workers, State, and Business Relief Act of 2010, which passed the Senate on March 10, 2010.  This bill, originally passed by the House in December 2009 as a tax extenders bill, includes tax extenders, long term unemployment insurance, and COBRA benefits provisions.  House and Senate leadership hope to reconcile the differences in the bills soon.  However, issues primarily related to the cost of the bills, unrelated to the pension provisions, made the timing of final passage uncertain.

One part of the extenders bill was deemed critical by House and Senate leadership.  This was the so-called "Doc Fix" that stopped a significant cut in Medicare reimbursements to doctors.  The pension provisions were attached to this legislation as an offsetting revenue increase.  The bill, the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (H.R. 3962) was signed by the President on June 25, 2010.

Copy of Legislation

A copy of the law is available on the Library of Congress's THOMAS website.  The law and all Congressional actions are available by searching for H.R. 3962 by bill number.  Earlier versions of the legislation, H.R. 3936 (Pomeroy/Tiberi bill) and H.R. 4213 (extenders bill) are also on THOMAS.

AICPA Letters

January 19, 2010 Coalition letter to Congress

December 22, 2009 Coalition letter to President Obama

Staff Contact

Peter Kravitz
Director, Congressional and Political Affairs
202.434.2918
pkravitz@aicpa.org

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