ASPPA to EBSA: New Pension Funding Notice is Too Long

January 19, 2011 at 07:00 PM
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Defined pension plan participants may tune out and miss important information if they get excessively long pension funding notices.

Officials at the American Society of Pension Professionals & Actuaries (ASPPA), Arlington, Va., have given that warning in a comment on a draft of a pension plan funding notice model.

The Pension Protection Act of 2006 (PPA) created the need for an annual funding notice model, by requiring single-employer plans to give participants yearly updates on plan finances.

Plan sponsors and administrators have been meeting the notice requirement using U.S. Department of Labor Field Assistance Bulletin (FAB) 2009-01, a batch of guidance issued in February 2009.

The Employee Benefits Security Administration (EBSA), an arm of the Labor Department, released a draft model notice regulation based on FAB 2009-01 in November 2010. The draft would require administrators of defined benefit plans that are subject to Title IV of the Employee Retirement Income Security Act of 1974 to send an annual funding notice to the Pension Benefit Guaranty Corp., each plan participant and beneficiary, and each labor organization representing the participants or beneficiaries. EBSA officials estimate the regulations would affect about 29,500 pension plans with about 44 million participants and beneficiaries.

Comments were due Jan 18, and EBSA has posted 8 comment letters. Many of the commenters' suggestions are technical in nature. ASPPA officials, for example ask their comment letter that the Labor Department let plans leave out disclosure of events taking place within 120 days before the annual funding notice due date.

ASPPA officials also mention the length of the model notice draft.

"The FAB 2009-01 model notice was about five pages long, and the model notice in the proposed rule could be seven pages or more," ASPPA officials say. "We are concerned that the longer the notice, the less likely participants and beneficiaries will read it."

Most of the information that participants really need would be in the first 2 pages of the notice, officials say.

ASPPA officials are recommending that EBSA shorten the notice by deleting or simplifying portions not required by law. Long definitions fill up much of the space in the middle of the current draft, and one easy way to shorten the notice would be to move many of the longer descriptions to a glossary at the end, officials say.

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