Labor's Retirement Unit Needs More Funds to Implement Secure Acts: GAO

News November 16, 2023 at 02:35 PM
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The budget of the Labor Department's Employee Benefits Security Administration has remained generally flat while its oversight responsibilities have grown following the passage of bipartisan legislation such as the Secure Act, Secure 2.0 Act and pandemic relief, according to a just-released report by the Government Accountability Office.

EBSA's budget has remained flat from 2013 to 2021, "resulting in a substantial decline in staff available to implement these laws," Rep. Bobby Scott, D-Va., ranking member on the House Education and Workforce Committee, said Thursday of the new GAO report.

For the agency, the Setting Every Community Up for Retirement Enhancement Act has "created responsibilities regarding lifetime income illustrations, special provisions regarding annuity safe harbors, as well as new regulatory obligations and a registration requirement for newly created pooled employer plans," the report says in a footnote.

Secure 2.0 provided no additional funding to the agency while putting it in charge of a number of sweeping changes tied to increasing retirement savings and improving how retirement plans are run, according to the GAO.

The report, commissioned by Scott, "underscores the consequences of a decade of underfunding that has left the EBSA without the resources it needs to fulfill its mission to protect the employer-sponsored retirement and health benefits of millions of Americans," Scott said.

House Republicans' "extreme government funding bill proposes to cut $38 million from EBSA's budget," Scott said.

Specifically, Scott continued, "the dramatic decline in EBSA's inflation-adjusted budget has reduced the number of its staff by over 18% from 2013 to 2021."

GAO examined how EBSA's resources and its oversight responsibilities have changed over time, and the extent to which EBSA has developed a plan to strategically manage resources.

EBSA "has taken several steps to manage its limited resources, such as focusing on cases with high monetary recoveries, establishing timeliness and monetary benchmarks for their investigations, and moving trainings online to save costs," the report states.

However, GAO continues, "the agency does not have a systematic process for reallocating resources," and "EBSA's efforts to indicate resource needs or reallocations have not been systematic or well documented. Thus, it is not clear how EBSA would respond to increased responsibilities, unanticipated funding, or funding that is lower than requested."

GAO states that "a clear, systematic, and thoroughly documented decision-making process could put EBSA in a better position to make informed decisions regarding resource reallocations due to changing circumstances."

As of September 2022, EBSA oversaw roughly 747,000 employer-sponsored retirement plans and about 2.5 million group health plans, the report states. The retirement plans hold, according to EBSA, an estimated $12 trillion in assets as of fiscal 2022.

"This oversight helps ensure legislation is implemented as intended and benefits are delivered as promised," Scott stated.

However, Scott cited a recent Labor Inspector General report, which found that EBSA has the enforcement capacity of less than one investigator for every 12,600 plans at its current staffing levels.

The Labor secretary, the GAO report recommends, "should direct EBSA to develop and document a systematic decision-making process for oversight responsibilities and allocating staff in a changing budget environment, which could be incorporated within current planning documents."

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