Retirement Heist

Home > Other > Retirement Heist > Page 25
Retirement Heist Page 25

by Ellen E. Schultz

Falk, William

  Fannie Mae

  Federal Deposit Insurance Corp.

  FICA

  Fidelity Investments Institutional Operations Co.

  Financial Accounting Standards Board (FASB)

  FAS 87 and

  FAS 106 and

  on retiree health plans

  Finlay, Dave

  Fletcher, Mary

  Florida Power & Light

  Ford, Scott

  Ford Motor Co.

  Foundation Coal Corp.

  401(k) plans

  cash-balance plans and

  cutting employer contributions to

  deferred-compensation and

  discrimination issues and

  ESOPs and

  executives and

  inadequacies of

  investments in

  pension cutting and

  risks of

  420 transfers

  Fox News

  Freeborn, Justin

  Frias, Gonzalo

  Fruehauf Trailer Corp.

  G

  Galloway, John Wesley

  Gebhardtsbauer, Ron

  Gemunder, Joel

  GenCorp

  General Electric (GE)

  excess pension assets of

  executive compensation at

  lawsuit involving

  General Motors (GM)

  executive compensation at

  lawsuits involving

  pension income of

  retiree health benefits at

  Gerstner, Louis V., Jr.

  Glass, Dennis

  Goldman Sachs

  Goodyear Tire & Rubber

  Great Atlantic & Pacific Tea Co.

  Green, Gene

  Greene, William Britton

  Grogan, Donald

  Groom Law Group

  Gulotta, Michael J.

  H

  Hammergren, John

  Harrison, Michael J.

  Hartford Life Insurance

  Hartmarx

  Hayes Lemmerz

  health plans, health plan benefits

  accounting issues and

  for active vs. retired employees

  black lung disease and

  COLI and

  costs of

  cutting of

  denial of

  eligibility for

  executives and

  financing of

  lawsuits and

  of Lucent

  national overhaul of

  pension assets and

  premiums of

  pre-set spending caps on

  retiree dropouts from

  retiree portfolio liabilities and

  rules on

  valuations of

  Hewitt Associates

  Hillenbrand Industries Inc.

  Honeywell

  Huckabee, Mike

  Hughes Aircraft

  Hughes Aircraft Co. v. Jacobson

  Hugo Boss

  Hurwitz, Charles

  I

  IBM

  backlash at

  lump-sum payouts of

  pension cutting at

  pension income of

  retiree health plan of

  Icahn, Carl

  Immelt, Jeffrey

  individual retirement accounts (IRAs)

  Intel

  Internal Revenue Service (IRS)

  COLI and

  International Paper

  investments, investment returns, investors

  COLI and

  executives and

  in 401(k)s

  pension assets and

  pension income and

  J

  Jelly, Bill

  Johnson, Daniel and Irma

  JPMorgan Chase

  Justice Department, U.S.

  K

  Kagan, Elena

  Kallett, Peter J.

  Kansas City Chiefs

  Keegan, Robert

  Kelsey-Hayes

  Kies, Ken

  Kimberly-Clark

  Klein, James

  Kmart

  Kra, Ethan

  Kraft Foods

  Kramer, Mabel

  KSOPs

  Kwasha Lipton

  L

  Labor Department, U.S.

  Langlie, Steven

  Legacy costs

  Levinson, Donald M.

  life expectancies

  lump-sum payouts and

  life insurance

  see also corporate-owned life insurance

  Life Insurance Marketing and Research Association

  Lincoln National Corp.

  Lloyd’s of London

  lobbying

  COLI and

  pension assets and

  pension disclosure and

  pension funding and

  Locke, Gary

  Lockheed Martin

  Loewy, Fred

  Lofgren, Eric

  Logue, Ronald

  Lopez, Noemi

  Los Angeles Times

  Lucent Technologies

  death benefits and

  executive compensation at

  pension assets and

  retiree health plan of

  retiree portfolio of

  lump-sum payouts:

  disclosure rules on

  employer benefits from

  executive compensation and

  in pension cutting

  Lynch, Mark

  M

  McClendon, Aubrey K.

  McClow, Roger

  McConnell, Patricia

  McDonnell, John

  McDonnell Douglas

  McGrath, Joseph

  McKesson Corp.

  Madison, Chester

  Marine Engineers’ Beneficial Association

  Marriott

  Martin, Susan

  Massey Energy

  Massey Ferguson

  Medicare

  health care reform and

  premiums of

  prescription drug coverage of

  retiree health plans and

  subsidy

  Medicare Advantage plans

  Mercantile Stores

  Mercer

  pension cutting and

  Merck

  MetLife Inc.

  Meyn, Gerald

  Milliman Inc.

  Mitchell, Stephen

  Montgomery Ward

  Motorola Inc.

  Mulva, Jim

  Mutual Benefit Life Insurance Co.

  N

  Nathenson, Eugene

  National Association of Insurance Commissioners

  National Association of Life Underwriters

  National Convenience Stores (NCS)

  National Football League (NFL)

  Navistar International

  Nestlé USA

  New England Electric System

  New York Times Co.

  Nordstrom

  Northrop Grumman Corp.

  Northwest Airlines

  O

  Obama, Barack

  Occidental Petroleum

  Office of the Comptroller of the Currency

  Office of Thrift Supervision

  Omnicare

  Omnicom

  Onan Corp.

  Oneida Ltd.

  O’Neil, Howard

  P

  Pacific Gas & Electric (PG&E)

  Pacific Lumber

  Pacific State Bancorp

  Palmisano, Sam

  Palumbo, Frank

  Parano, Joseph

  Patient Protection and Affordable Care Act (2010)

  Payne, William

  Peksa, Ed

  Pension Benefit Guaranty Corp. (PBGC)

  pension equity plans (PEPs)

  pension plan assets

  benefit cutting and

  excesses of

  executives and

  health plans and

  lawsuits involving

  retiree portfolios and

  returns on

  selling of

  uses
of

  pension plan income

  executives and

  and expected rates of return

  impact of contribution amounts on

  investments and

  mergers and acquisitions in

  pension cutting and

  pension plans, pension plan benefits:

  calculation of

  cutting of

  deficits of

  denial of

  eligibility for

  employee backlash on

  errors in

  freezing of

  funding of

  lawsuits involving

  lies and deceptions involving

  reporting on

  rules on

  security of

  termination of

  underfunding of

  volatility of

  Pension Protection Act

  People’s Energy Corp.

  Perelman, Ronald

  Per-Se Technologies

  Petertil, Jeffrey

  Pitney Bowes Inc.

  Pittman, Paul

  Polster, Dan

  Porter, Ken

  Post, Glen

  prescription drug benefits

  cutting of

  employer subsidies for

  of Medicare

  retiree health plans and

  PricewaterhouseCoopers (PwC)

  Procter & Gamble Co.

  Prudential

  public pension plans

  Q

  QSERPs, see Supplemental Retirement Plans, Qualified

  R

  Raytheon

  reservation-of-rights clauses

  restructurings

  health plans and

  pension assets for

  retiree portfolios

  health care liabilities of

  pension liabilities of

  Retirement Systems of Alabama

  Revlon

  Rexam

  Reynolds, Margaret

  Rice, Victor A.

  RJR Nabisco

  Rossman, Liz

  Royal & Sun Alliance Co.

  R.R. Donnelley

  Russell, Elaine

  Russo, Patricia

  Ruwe, Judge Robert P.

  Rydzel, James

  S

  Saint-Germain-de-Calberte

  St. Joe Co.

  Sanders, Bernie

  Sauvigne, Donald

  Schacht, Henry

  Schiltz, Patrick

  Scott, H. Lee, Jr.

  Sears

  Securities and Exchange Commission (SEC)

  executive compensation and

  Security Life of Denver Insurance Co.

  Seidenberg, Ivan

  severance payments

  of Lucent

  pension assets for

  Seyfarth Shaw

  Shadur, Milton

  Shaklee, Albert

  Sharpe, George

  Shattuck, Mayo

  Siegel, David

  Singerman, Frederic

  SKNL North America BV

  Smit, Gerald

  Smith, William

  Social Security

  COLI and

  taxes and

  Sprague v. General Motors

  Sprigg, W. Va.

  Stafford, John

  State Street Corp.

  Stember, John

  Stillwagoner, Peggy

  stock market:

  crises in

  pension assets and

  stocks, stock options

  executive compensation and

  in 401(k)s

  investing pension assets in

  pension income and

  Strella, Paul

  supplemental executive retirement plans (SERPs)

  calculation of

  financing of

  at Lucent

  public pensions and

  qualified (QSERPs)

  regular workers’ pensions and

  reporting on

  risks of

  rules on

  Supreme Court, U.S.

  ERISA and

  on Varity case

  T

  taxes

  COLI and

  disability benefits and

  discrimination issues and

  executives and

  401(k)s and

  health care and

  pension assets and

  pension funding and

  and subsidies for prescription drug benefits

  Taylor, Bill

  Taylor, Rhada

  Teledyne

  Tibbs, Don

  Tillerson, Rex

  Tillman, Felipe M.

  Torrie, William

  Towers Perrin

  pension cutting and

  on retiree health plans

  Towers Watson

  Travelers Insurance Co.

  TRW

  U

  Ugoretz, Mark

  Union Club

  unions

  dissolving retiree benefits and

  excess pension assets and

  lawsuits against retired members of

  retiree health plans and

  Unisys

  United Airlines

  United Auto Workers

  United Parcel Service (UPS)

  United Steelworkers of America

  Unite Here

  Upper Big Branch Mine disaster

  US Airways

  U.S. Court of Federal Claims

  USX–U.S. Steel Group

  V

  Valero Energy Corp.

  Van Dyke, John

  Varity Corporation:

  dissolving retiree benefits and

  lawsuits and

  Project Sunshine of

  Verizon Communications

  excess pension plan assets of

  health care and

  Vine, John

  W

  Wachovia Corp.

  Waldron, Denis

  Walker, Lorenzo

  Wall Street Journal, The

  Wal-Mart

  Walt Disney

  Washington, Victor

  Watson Wyatt Worldwide

  on lump-sum payouts

  Waxman, Henry

  Webster, Mike

  Wellman, Jill

  Wells Fargo

  Western Electric

  Lucent and

  Whirlpool

  Williams, Delvin

  Winn-Dixie Stores

  workers’ compensation

  World Trade Center

  Wotus, Stanley

  W.R. Grace

  Wyeth

  X

  Xerox

  Y

  Yarter, Chuck

  Z

  Zellers, Mark

  Footnotes

  1

  This court handles disputes between contractors and the government.

  (<< back)

  2

  The question of who owns the surplus assets has provoked numerous lawsuits, but the cases have by and large been resolved in employers’ favor. One of the most significant was Hughes Aircraft Co. v. Jacobson (1999), in which the Supreme Court ruled that employers can use surplus assets even if employees contributed to the plan.

  (<< back)

  3

  Creditors challenged the payments in bankruptcy court, which halted the payouts to the executives. The case dragged on for years, and in 2005 the bankruptcy court ruled that the pension payments “constituted a fraudulent transfer,” and said the pension money should have gone to pay the creditors.

  (<< back)

  4

  When later asked to comment about this piece of advice, a spokesman for Watson Wyatt maintained that Brown was actually advocating clear communication to plan participants. “The term ‘magic words’ was a lawyer’s reference to the triggering words in the [disclosure] statute,” he said.

  (<< back)

  5

  A number of companies “grandfathered” older workers under the prior plan. But these transition periods typically lasted only
five years, merely postponing, and ultimately increasing, the wear-away.

  (<< back)

  6

  Employers began using unisex mortality tables in the 1980s, which has been disadvantageous for women taking lump sums rather than annuities.

  (<< back)

  7

  In recent years, some employers have argued that their workers are actually dying younger; this would enable employers to contribute less to their pension plans. Lawmakers bought it: The Pension Protection Act of 2006 allows large companies to use their own mortality assumptions when they figure out how much money to contribute to pension plans. Lower life spans mean lower contributions.

  (<< back)

  8

  The rules, developed by the Financial Accounting Standards Board (FASB), went into effect for large companies in 1987 and a bit later for small employers.

  (<< back)

  9

  In 2003, the Securities and Exchange Commission began investigating whether companies were using retiree plans to manage earnings. It sent subpoenas to Boeing, Delphi, Ford Motor, General Motors, Navistar International, and Northwest Airlines, asking the companies whether they had used pension and health-benefit funds to adjust their earnings in recent years. The companies said “Of course not,” and the investigation fizzled out. The SEC was focusing on discount rates and other assumptions used to calculate liabilities, not the use of pension cuts and other maneuvers.

  (<< back)

  10

  This explains why COBRA costs can be so high: Employers can segregate former employees—regardless of their age—into the retirees’ risk pool.

  (<< back)

  11

  An executive’s ability to delay paying payroll taxes on compensation is in itself an economic benefit that ultimately boosts executive paychecks. And at some companies, they don’t pay payroll taxes at all: The companies reimburse them for their FICA payments.

 

‹ Prev