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Testimony:

Before the Subcommittee on Employer-Employee Relations, Committee on 
Education and the Workforce, House of Representatives:

United States General Accounting Office:

GAO:

For Release on Delivery Expected at 10:30 a.m.

Thursday, March 18, 2004:

PRIVATE PENSIONS:

Multiemployer Pensions Face Key Challenges to Their Long-Term 
Prospects:

Statement of Barbara D. Bovbjerg, Director, Education, Workforce, and 
Income Security Issues:

GAO-04-542T:

GAO Highlights:

Highlights of GAO-04-542T, a report to House Subcommittee on Employer-
Employee Relations, Committee on Education and the Workforce, House of 
Representatives:

Why GAO Did This Study:

Multiemployer defined benefit pension plans, which are created by 
collective bargaining agreements covering more than one employer and 
generally operated under the joint trusteeship of labor and management, 
provide coverage to over 9.7 million of the 44 million participants 
insured by the Pension Benefit Guaranty Corporation (PBGC). The recent 
termination of several large single-employer plans--plans sponsored by 
individual firms--has led to millions of dollars in benefit losses for 
thousands of workers and left PBGC, their public insurer, an $11.2 
billion deficit as of September 30, 2003. The serious difficulties 
experienced by these single-employer plans have prompted questions 
about the health of multiemployer plans.

This testimony provides information on differences between single 
employer and multiemployer pension plans, recent trends in the funding 
of multiemployer pension plans and worker participation in those plans, 
and factors that may pose challenges to the future prospects of 
multiemployer plans. GAO will soon release a separate report on 
multiemployer pension issues.

What GAO Found:

The framework governing multiemployer plans generally places greater 
financial risk on employers and participants and less on PBGC than does 
PBGC's single-employer program. For example, in the event of employer 
bankruptcy, the remaining employers in the multiemployer plan assume 
additional funding responsibility. Further, PBGC's guaranteed 
participant benefit is much lower for multiemployer participants, and 
PBGC does not provide financial assistance until the multiemployer plan 
is insolvent.

Following two decades of relative financial stability, many 
multiemployer plans appear to have suffered recent funding losses, 
while long-term declines in participation and plan formation continue. 
At the close of the 1990s, the majority of multiemployer plans reported 
assets exceeding 90 percent of total liabilities. Since then, stock 
market declines, coupled with low interest rates and poor economic 
conditions, have reduced assets and increased liabilities for many 
plans. In its 2003 annual report, PBGC estimated that underfunded 
multiemployer plans now face an aggregate unfunded liability of $100 
billion, up from $21 billion in 2000. PBGC also reported an accumulated 
net deficit of $261 million for its multiemployer program in 2003, the 
first since 1981. Meanwhile, since 1980, there has been a steady 
decline in the number of plans, from over 2,200 plans to fewer than 
1,700, and a 1.4 million decline in the number of active workers in 
plans.

The long-term prospects of the multiemployer system face a number of 
challenges. Some are inherent in the multiemployer design and 
regulatory framework, such as the greater perceived financial risk and 
reduced flexibility for employers, compared with other plan types. The 
long-term decline of collective bargaining also results in fewer 
participants and employers available to expand or create new plans. 
Other factors that pose challenges include the growing trend among 
employers to choose defined contribution plans; the increasing life 
expectancy of workers, which raises the cost of defined benefit plans; 
and continuing increases in employer health insurance costs, which 
compete with pensions for employer funding.

For more information, contact Barbara Bovbjerg at (202)512-7215 or 
bovgjergb@gao.gov.

[End of section]

Mr. Chairman and Members of the Committee:

I am pleased to be here today to discuss the health of the 
multiemployer pension system and the challenges it faces. Multiemployer 
plans are plans created by collective bargaining agreements covering 
more than one employer. They are generally operated under the joint 
trusteeship of labor and management and constitute an important segment 
of the nation's private employer pension system. These defined benefit 
(DB)[Footnote 1] pension plans cover over 9.7 million participants, 
representing about 22 percent of all workers and retirees insured by 
Pension Benefit Guaranty Corporation (PBGC).[Footnote 2]

The recent collapse and termination of several large single-employer 
plans--where individual employers are responsible for funding and 
administering the plan--have resulted in millions of dollars in benefit 
losses for thousands of workers and left PBGC, their public insurer, an 
$11.2 billion deficit as of September 30, 2003.[Footnote 3] The serious 
difficulties experienced by these single-employer plans have prompted 
questions about the health of the nation's multiemployer defined 
benefit plans.

The financial strength of the multiemployer system has crucial 
consequences, not only for the both the employers and the millions of 
workers and retirees participating in multiemployer pension plans, but 
for the elements and structure of current national pension policy. We 
will soon release a report addressing multiemployer issues that we 
undertook at the joint request of the Committee on Education and 
Workforce and this subcommittee. In seeking to clarify some of these 
issues today, my testimony will focus on (1) how multiemployer defined 
benefit plans differ from single-employer defined benefit plans, (2) 
recent and current trends in funding and worker participation in these 
plans; and (3) potential challenges to their long-term prospects.

To determine the trends in the funded status of multiemployer defined 
benefit plans, we analyzed Form 5500 disclosure statements and PBGC 
data. The Form 5500, which plans must file with the Department of 
Labor, is the only comprehensive source of financial and other plan 
information on private pension plans collected on a regular 
basis.[Footnote 4] Form 5500 provides important pension information, 
such as the number of plan participants and data on the financial 
condition of plans. However, the most complete Form 5500 data is from 
2001, making it difficult to accurately discern recent trends. Although 
some data obtained from PBGC may be more recent, much of it is based on 
the Form 5500. This lack of comprehensive data makes it difficult to 
depict recent developments, particularly with regard to plan funding. 
To identify the major challenges to the future prospects of 
multiemployer plans, we reviewed pension literature and interviewed 
representatives in government, industry, and labor involved with such 
plans. We conducted our work from April 2003 through January 2004 in 
accordance with generally accepted government auditing standards.

In summary, after two decades of financial stability, many 
multiemployer plans appear to have suffered recent and significant 
funding losses; meanwhile, long-term declines continue in terms of new 
plan formation and worker participation. At the close of the 1990s, the 
majority of multiemployer plans had reported assets exceeding 90 
percent of total liabilities, with average funding rising to 105 
percent in 2000. However, subsequent stock market declines, coupled 
with low interest rates and poor economic conditions, have likely 
reduced the assets and increased liabilities for many multiemployer 
plans. Comprehensive funding data are not available to depict recent 
developments, but significant signs of funding weakness exist. In its 
2003 annual report, PBGC estimated that underfunded multiemployer plans 
now face an aggregate unfunded liability of $100 billion, up from $21 
billion in 2000. While most multiemployer plans continue to provide 
benefits to retirees at unreduced levels, the agency has increased its 
forecast of the number of plans that will likely need financial 
assistance from 56 plans in 2001 to 62 in 2003. PBGC also reported that 
its multiemployer program had an accumulated net deficit of $261 
million at the end of 2003, the program's first deficit since 1981. 
Meanwhile, multiemployer plans have continued their steady long-term 
decline in numbers and worker participation. The number of plans has 
dropped by a quarter since 1980 to fewer than 1,700, and only 5 new 
plans have been formed since 1992. The number of workers covered by 
multiemployer plans has also fallen by 1.4 million since 1980, with the 
percentage of the private sector labor force covered by multiemployer 
plans declining from 7.7 percent in 1980 to 4.1 percent in 2001.

A number of factors pose challenges to the multiemployer plan system 
over the long term. Some are inherent to multiemployer plan design and 
regulatory framework, which employers may perceive as financially 
riskier and less flexible than other types of pension plans. For 
example, compared with those sponsoring single-employer plans, an 
employer participating in a multiemployer plan cannot as easily adjust 
plan contributions in response to the firm's own financial 
circumstances. This is because contribution rates are often fixed for 
periods of time by the provisions of the collective bargaining 
agreement. Also, multiemployer sponsors may face the risk of additional 
costs if one or more sponsors are unable to fund their share of the 
plan's vested benefits. The long-term decline of collective bargaining 
is another factor adversely affecting multiemployer plan growth, in 
that fewer employers and workers are available to provide opportunities 
for new plans to be created or existing ones to expand. As of 2003, 
union membership, a proxy for collective bargaining coverage, accounted 
for less than 9 percent of the private sector labor force and has been 
steadily declining since 1953. Finally, experts have identified other 
factors challenging the future prospects for defined benefit plans 
generally, including multiemployer plans. These factors include the 
growing trend among employers to choose defined contribution (DC) 
plans; the increasing life expectancy of American workers, which will 
increase plan costs; and continuing increases in health insurance 
costs, which will affect overall compensation costs, including 
pensions, for employers.

Multiemployer Plans Differ from Single-Employer Plans:

It would be useful at this point to describe several differences 
between multiemployer and single-employer plans. Multiemployer plans 
are established pursuant to collectively bargained agreements 
negotiated between labor unions representing employees and two or more 
employers and are generally jointly administered by trustees from both 
labor and management.[Footnote 5] Single-employer plans are 
administered by one employer and may or may not be collectively 
bargained. Multiemployer plans typically cover groups of workers in 
such industries as construction, retail food sales, and trucking, with 
construction representing 38 percent of all participants. In contrast, 
47 percent of single-employer plan participants are in manufacturing. 
Multiemployer plans provide participants limited benefit portability in 
that they allow workers the continued accrual of defined benefit 
pension rights when they change jobs, if their new employer is also a 
sponsor of the same plan. This arrangement can be particularly 
advantageous in industries like construction, where job change within a 
single occupation is frequent over the course of a career. Single-
employer plans are established and maintained by only one employer and 
do not normally offer benefit portability. Multiemployer plans also 
differ from so called multiple-employer plans that are not generally 
established through collective bargaining agreements and where many 
plans maintain separate accounts for each employer.[Footnote 6] The 
Teachers Insurance Annuity Association and College Retirement Equities 
fund (TIAA-CREF) is an example of a large multiple-employer plan 
organized around the education and research professions. TIAA-CREF 
offers a defined benefit contribution plan, in which contributions are 
accumulated over a career and paid out at retirement, often as an 
annuity.

Below are some features that illustrate some key differences between 
single-employer and multiemployer plans:

* Contributions· In general, the same ERISA funding rules apply to both 
single-and multiemployer defined benefit pension plans. While ERISA and 
IRC minimum funding standards permit plan sponsors some flexibility in 
the timing of pension contributions, individual employers in 
multiemployer plans cannot as easily adjust their plan contributions. 
For multiemployer plans, contribution levels are usually negotiated 
through the collective bargaining process and are fixed for the term of 
the collective bargaining agreement, typically 2 to 3 years. Employer 
contributions to many multiemployer plans are typically made on a set 
dollar amount per hour of covered work, and thus to the number of 
active plan participants. With other things being equal, the reduced 
employment of active participants will result in lower contributions 
and reduced plan funding.[Footnote 7]

* Withdrawal liability· Congress enacted the Multiemployer Pension Plan 
Amendments Act (MPPAA) of 1980 to protect the pensions of participants 
in multiemployer plans by establishing a separate PBGC multiemployer 
plan insurance program and by requiring any employer wanting to 
withdraw from a multiemployer plan to be liable for its share of the 
plan's unfunded liability.[Footnote 8] The law contains a formula for 
determining the amount an employer withdrawing from a multiemployer 
plan is required to contribute, known as "withdrawal liability." This 
amount is based upon a proportional share of the plans' unfunded vested 
benefits.[Footnote 9] Furthermore, if a participating employer becomes 
bankrupt, MPPAA requires that the remaining employers in the plan 
assume the additional funding responsibility for the benefits of the 
bankrupt employer's plan participants. For single-employer plans, the 
sponsoring employer is liable only for the unfunded portion of its own 
plan or its current liability in a bankruptcy (distress termination).

* Different premiums and benefit guarantee levels· PBGC operates two 
distinct insurance programs, one for multiemployer plans and one for 
single-employer plans, which have separate insurance funds, different 
benefit guarantee rules, and different insurance coverage rules. The 
two insurance programs and PBGC's operations are financed through 
premiums paid annually by plan sponsors, investment returns on PBGC 
assets, assets acquired from terminated single employer plans, and 
recoveries from employers responsible for underfunded terminated single 
employer plans. Premium revenue totaled about $973 million in 2003, of 
which $948 million was paid into the single-employer program and $25 
million paid to the multiemployer program. Single-employer plans pay 
PBGC an annual flat-rate premium of $19 per participant per year for 
pension insurance coverage. Plans that are underfunded generally also 
have to pay PBGC an additional annual variable rate premium of $9 per 
$1,000 of underfunding for the additional exposure they create for the 
insurance program. In contrast, the only premium for multiemployer 
plans is a flat $2.60 per participant per year. PBGC guarantees 
benefits for multiemployer pensioners at a much lower dollar amount 
than for single-employer pensioners: about $13,000 for 30 years of 
service for the former compared with about $44,000 annually per retiree 
at age 65 for the latter.[Footnote 10]

* Financial assistance and the insurable event· PBGC's "insurable 
event" for its multiemployer program is plan insolvency. A 
multiemployer plan is insolvent when its available resources are not 
sufficient to pay the level of benefits at PBGC's multiemployer 
guaranteed level for 1 year. In contrast, the insurable event for the 
single-employer program is generally the termination of the plan. In 
addition, unlike its role in the single-employer program where PBGC 
trustees weak plans and pays benefits directly to participants, PBGC 
does not take over the administration of multiemployer plans but 
instead, provides financial assistance in the form of loans when plans 
become insolvent. A multiemployer plan need not be terminated to 
qualify for PBGC loans, but it must be insolvent and is allowed to 
reduce or suspend payment of that portion of the benefit that exceeds 
the PBGC guarantee level. If the plan recovers from insolvency, it must 
begin repaying the loan on reasonable terms in accordance with 
regulations. Such financial assistance is infrequent; for example, PBGC 
has made loans totaling $167 million to 33 multiemployer plans since 
1980[Footnote 11] compared with 296 trusteed terminations of single-
employer plans and PBGC benefit payments of over $4 billion in 2002-
2003 alone.[Footnote 12]

The net effect of these different features is that there is a different 
distribution of financial risk among, employers, participants and PBGC 
under the multiemployer program, compared with PBGC's single-employer 
program. Multiemployer member employers and participants bear far more 
financial risk, and PBGC, and implicitly the taxpayer, bear far less 
risk, under the multiemployer program. In addition, PBGC officials 
explained that the features of the multiemployer regulatory framework 
have also led to a lower frequency of financial assistance. They note 
that greater financial risks faced by employers and the lower 
guaranteed benefits assured participants create incentives for 
employers, participants, and their collective bargaining 
representatives to avoid insolvency and to collaborate in trying to 
find solutions to a plan's financial difficulties.

The Financial Stability of Multiemployer Plans Has Likely Weakened 
Recently, while Long-Term Declines in the Number of Plans and 
Participants Continue:

While multiemployer plan funding has exhibited considerable stability 
over the past two decades, available data suggest that many plans have 
recently experienced significant funding declines. Since 1980, 
aggregate multiemployer plan funding has been stable, with the majority 
of plans funded above 90 percent of total liabilities and average 
funding at 105 percent in 2000. Recently, however, it appears that a 
combination of stock market declines coupled with low interest rates 
and poor economic conditions has reduced the assets and increased the 
liabilities of many multiemployer plans. In PBGC's 2003 annual report, 
the agency estimated that total underfunding of underfunded 
multiemployer plans reached $100 billion by year-end, from $21 billion 
in 2000, and that its multiemployer program had recorded a year-end 
2003 net deficit of $261 million, the first deficit in more than 20 
years. While most multiemployer plans continue to provide benefits at 
unreduced levels, the agency has also increased its forecast of the 
number of plans that will likely need financial assistance, from 56 
plans in 2001 to 62 plans in 2003. Private survey data are consistent 
with this trend, with one survey by an actuarial consulting firm 
showing the percentage of fully funded client plans declining from 83 
percent in 2001 to 67 percent in 2002. In addition, long-standing 
declines in the number of plans and worker participation continue. The 
number of insured multiemployer plans has dropped by a quarter since 
1980 to fewer than 1,700 plans in 2003, according to the latest data 
available. Although in 2001, multiemployer plans in the aggregate 
covered 4.7 million active participants, representing about a fifth of 
all active defined benefit plan participants, this number has dropped 
by 1.4 million since 1980.

Multiemployer Plan Funding Remained Stable during the 1980s and 1990s:

Aggregate funding for multiemployer pension plans remained stable 
during the 1980s and 1990s. By 2000, the majority of multiemployer 
plans reported assets exceeding 90 percent of total liabilities, with 
the average plan funded at 105 percent of liabilities. As shown in 
figure 1, the aggregate net funding of multiemployer plans grew from a 
deficit of about $12 billion in 1980 to a surplus of nearly $17 billion 
in 2000. From 1980 to 2000, multiemployer plan assets grew at an annual 
average rate of 11.7 percent, to about $330 billion, exceeding the 
average 10.5 percent annual percentage growth rate of single-employer 
plan assets. During the same time period, liabilities for multiemployer 
and single-employer pensions grew at an average annual rate of about 
10.2 percent and 9.9 percent respectively.

Figure 1: Aggregate Net Funding Position of PBGC-Insured DB Pension 
Plans, 1980-2001:

[See PDF for image]

[End of figure]

A number of factors appear to have contributed to the funding stability 
of multiemployer plans, including:

Investment strategy: * Historically, multiemployer plans appear to have 
invested more conservatively than their single-employer counterparts. 
Although comprehensive data are not available, some pension experts 
have suggested that defined benefit plans in the aggregate are more 
than 60 percent invested in equities, which are associated with greater 
risk and volatility than many fixed-income securities. Experts have 
stated that, in contrast, equity holdings generally constitute 55 
percent or less of the assets of most multiemployer plans.

Contribution rates: * Unlike funds for single-employer plans, 
multiemployer plan funds receive steady contributions from employers 
because those amounts generally have been set through multiyear 
collective bargaining contracts. Participating employers, therefore, 
have less flexibility to vary their contributions in response to 
changes in firm performance, economic conditions, and other factors. 
This regular contribution income is in addition to any investment 
return and helps multiemployer plans offset any declines in investment 
returns.

Risk pooling: * The pooling of risk inherent in multiemployer pension 
plans may also have buffered them against financial shocks and 
recessions, since the gains and losses of the plans are less 
immediately affected by the economic performance of individual employer 
plan sponsors. Multiemployer pension plans typically continue to 
operate long after any individual employer goes out of business because 
the remaining employers in the plan are jointly liable for funding the 
benefits of all vested participants.

Greater average plan size: * The stability of multiemployer plans may 
also partly reflect their size. Large plans (1,000 or more 
participants) constitute a greater proportion of multiemployer plans 
than of single-employer plans. (See figs. 2 and 3.) While 55 percent of 
multiemployer plans are large, only 13 percent of single-employer plans 
are large and 73 percent of single-employer plans have had fewer than 
250 participants, as shown in figure 2. However, distribution of 
participants by plan size for multiemployer and single-employer plans 
is more comparable, with over 90 percent of both multiemployer and 
single-employer participants in large plans, as shown in figure 3.

Figure 2: Distribution of PBGC-Insured DB Pension Plans by Number of 
Plan Participants, 2003:

[See PDF for image]

[End of figure]

Figure 3: Distribution of Participants of PBGC-Insured DB Pension Plans 
by Plan Size, 2003:

[See PDF for image]

[End of figure]

Data Suggest the Funded Status of Multiemployer Plans Has Declined 
Since 2000:

Although data limitations preclude any comprehensive assessment, 
available evidence suggests that since 2000, many multiemployer plans 
have experienced significant reductions in their funded status. PBGC 
estimated in its 2003 annual report that aggregate deficit of 
underfunded multiemployer plans had reached $100 billion by year-end, 
up from a $21 billion deficit at the start of 2000. In addition, PBGC 
reported a net accumulated deficit for its own multiemployer program of 
$261 million for fiscal year 2003, the first deficit since 1981 and its 
largest ever. (See fig. 4.) While most multiemployer plans continue to 
provide benefits at unreduced levels, PBGC has also reported that the 
deficit was primarily caused by new and substantial "probable losses," 
increasing the number of plans it classifies as likely requiring 
financial assistance in the near future from 58 plans with expected 
liabilities of $775 million in 2002 to 62 plans with expected 
liabilities of $1.25 billion in 2003.

Private survey data and anecdotal evidence are consistent with this 
assessment of multiemployer funding losses. One survey by an actuarial 
consulting firm showed that the percentage of its multiemployer client 
plans that were fully funded declined from 83 percent in 2001 to 67 
percent in 2002.[Footnote 13] Other, more anecdotal evidence suggests 
increased difficulties for multiemployer plans. For example, 
discussions with plan administrators have indicated that there has been 
an increase in the number of plans with financial difficulties in 
recent years, with some plans reducing or temporarily freezing the 
future accruals of participants. In addition, IRS officials recently 
reported an increase in the number of multiemployer plans (less than 1 
percent of all multiemployer plans) requesting tax-specific waivers 
that would provide plans relief from current funding shortfall 
requirements.

Figure 4: PBGC Multiemployer Program, 1980-2003:

[See PDF for image]

[End of figure]

As with single-employer plans, falling interest rates coincident with 
stock market declines and generally weak economic conditions have 
contributed to the funding difficulties of multiemployer plans. The 
decline in interest rates in recent years has increased the present 
value of pension plan liabilities for DB plans in general, because the 
cost of providing future promised benefits increases when computed 
using a lower interest rate. At the same time, declining stock markets 
decreased the value of any equities held in multiemployer plan 
portfolios to meet those obligations. Finally, because multiemployer 
plan contributions are usually based on the number of hours worked by 
active participants, any reduction in their participant employment will 
reduce employer contributions to the plan.

Multiemployer Plans Experiencing Long-Term Declines in Plan Formation 
and Worker Participation:

Despite their relative financial stability, the multiemployer system 
has experienced a steady decline in the number of plans and in the 
number of active participants over the past 2 decades. In 1980, there 
were 2,244 plans, and by 2003 the number had fallen to 1,623, a decline 
of about 27 percent. While a portion of the decline in the number of 
plans can be explained by consolidations through mergers, few new plans 
have been formed - only 5, in fact, since 1992. Meanwhile, the number 
of active multiemployer plan participants has declined in both relative 
and absolute terms. By 2001, only about 4.1 percent of the private 
sector workforce was composed of active participants in multiemployer 
pension plans, down from 7.7 percent in 1980 (see fig. 5), with the 
total number of active participants decreasing from about 6.1 million 
to about 4.7 million. [Footnote 14]

Figure 5: PBGC-Insured Active Participants as a Percentage of Private 
Sector Wage and Salary Workers, 1980-2001:

[See PDF for image]

[End of figure]

Finally, as the number of active participants has declined, the number 
of retirees increased - from about 1.4 million to 2.8 million, and this 
increase had led to a decline in the ratio of active (working) 
participants to retirees in multiemployer plans. By 2001, there were 
about 1.7 active participants for every retiree, compared with 4.3 in 
1980. (See fig. 6.) While the trend is also evident among single-
employer plans, the decline in the ratio of active workers to retirees 
affects multiemployer funding more directly because employer 
contributions are tied to active employment. The higher benefit payouts 
required for greater numbers of retirees, living longer, and the 
reduced employer contributions resulting from fewer active workers 
combines to put pressure on the funding of multiemployer plans.

Figure 6: Number of Active Participants per Retiree, 1980-2001:

[See PDF for image]

[End of figure]

A Number of Factors Challenge the Long-Term Prospects of the 
Multiemployer Defined Benefit System:

A number of factors pose challenges to the long-term prospects of the 
multiemployer pension plan system. Some of these factors are specific 
to the features and nature of multiemployer plans, including a 
regulatory framework that some employers may perceive as financially 
riskier and less flexible than those covering other types of pension 
plans. For example, compared with a single-employer plan, an employer 
covered by a multiemployer plan cannot easily adjust annual plan 
contributions in response to the firm's own financial circumstances. 
This is because contribution rates are often fixed for periods of time 
by the provisions of the collective bargaining agreement. Collective 
bargaining itself, a necessary aspect of the multiemployer plan model 
and another factor affecting plans' prospects, has also been in long-
term decline, suggesting fewer future opportunities for new plans to be 
created or existing ones to expand. As of 2003, union membership, a 
proxy for collective bargaining coverage, accounted for less than 9 
percent of the private sector labor force and has been steadily 
declining since 1953. Experts have identified other challenges to the 
future prospects of defined benefit plans generally, including 
multiemployer plans. These include the growing trend among employers to 
choose defined contribution plans over DB plans, including 
multiemployer plans; the continued growing life expectancy of American 
workers, resulting in participants spending more years in retirement, 
thus increasing pension benefit costs; and increases in employer-
provided health insurance costs, which are increasing employers' 
compensation costs generally, including pensions.

Certain Features of the Current Regulatory Framework and the Decline of 
Collective Bargaining May Discourage Future Plan Growth:

Some factors raise questions about the long-term viability of 
multiemployer plans are specific to certain features of multiemployer 
plans themselves, including features of the regulatory framework that 
some employers may well perceive as less flexible and financially 
riskier than the features of other types of pension plans. For example, 
an employer covered by a multiemployer pension plan typically does not 
have the funding flexibility of a comparable employer sponsoring a 
single-employer plan. In many instances, the employer covered by the 
multiemployer plan cannot as easily adjust annual plan contributions in 
response to the firm's own financial circumstances. Employers that 
value such flexibility might be less inclined to participate in a 
multiemployer plan. Employers in multiemployer plans may also face 
greater financial risks than those in other forms of pension plans. For 
example, an employer sponsor of a multiemployer plan that wishes to 
withdraw from the plan is liable for its share of pension plan benefits 
not covered by plan assets upon withdrawal from the plan, rather than 
when the plan terminates, as with a single-employer plan. Employers in 
plans with unfunded vested benefits face an immediate withdrawal 
liability that can be costly. In addition, employers in fully funded 
plans also face the potential of costly withdrawal liability if the 
plan becomes underfunded in the future through the actions of other 
sponsors participating in the multiemployer plan. Thus, an employer's 
pension liabilities become a function not only of the employer's own 
performance but also the financial health of other plan sponsors in the 
multiemployer plan. These additional sources of potential liability can 
be difficult to predict, increasing employers' level of uncertainty and 
risk. Some employers may hesitate to accept such risks if they can 
sponsor other plans that do not have them, such as 401(k)-type defined 
contribution plans.

The future growth of multiemployer plans is also predicated on the 
future of collective bargaining. Collective bargaining is an inherent 
feature of the multiemployer plan model. Collective bargaining, 
however, has been declining in the United States since the early 1950s. 
Currently, union membership, a proxy for collective bargaining 
coverage, accounts for less than 9 percent of the private sector labor 
force. In 1980, union membership accounted for about 19 percent of the 
entire national workforce and about 27 percent of the civilian 
workforce in 1953.

Multiemployer Plans Are Limited by the Same Factors Affecting All 
Defined Benefit Plans:

Pension experts have suggested a variety of challenges faced by today's 
defined benefit pension plans, including multiemployer plans.[Footnote 
15] These include the continued general shift away from DB plans to 
defined contribution (DC) plans, and the increased longevity of the 
U.S. population, which translates into a lengthier and more costly 
retirement. In addition, the continued escalation of employer health 
insurance costs has placed pressure on the compensation costs of 
employers, including pensions.

Employers have tended to move away from DB plans and toward DC plans 
since the mid-1980s. The total number of PBGC-insured defined benefit 
plans, including single employer plans, declined from 97,683 in 1980 to 
31,135 in 2002. (See fig. 7.) The number of DC plans sponsored by 
private employers nearly doubled from 340,805 in 1980 to 673,626 in 
1998.[Footnote 16] Along with this continuing trend toward sponsoring 
DC plans, there has also been a shift in the mix of plans that private 
sector workers participate in. Labor reports that the percentage of 
private sector workers who participated in a primary DB plan has 
decreased from 38 percent in 1980 to 21 percent by 1998, while the 
percentage of such workers who participated in a primary DC plan has 
increased from 8 percent to 27 percent during this same period. 
Moreover, these same data show that by 1998, the majority of active 
participants (workers participating in their employer's plan) were in 
DC plans, whereas nearly 20 years earlier the majority of participants 
had been in DB plans.[Footnote 17] Experts have suggested a variety of 
explanations for this shift, including the greater risk borne by 
employers with DB plans, greater administrative costs and more onerous 
regulatory requirements, and that employees more easily understand and 
favor DC plans. These experts have also noted considerable employee 
demand for plans that state benefits in the form of an account balance 
and emphasize portability of benefits, such as is offered by 401(k)-
type defined contribution pension plans.

Figure 7: Number of PBGC-Insured DB Pension Plans, 1986-2003:

[See PDF for image]

[End of figure]

The increased life expectancy of workers also has important 
implications for defined benefit plan funding, including multiemployer 
plans. The average life expectancy of males at birth has increased from 
66.6 in 1960 to 74.3 in 2000, with females at birth experiencing a rise 
of 6.6 years from 73.1 to 79.7 over the same period. As general life 
expectancy has increased in the United States, there has also been an 
increase in the number of years spent in retirement. PBGC has noted 
that improvements in life expectancy have extended the average amount 
of time spent by workers in retirement from 11.5 years in 1950 to 18 
years for the average male worker as of 2002. This increased duration 
of retirement has required employers with defined benefit plans to 
increase their contributions to match this increase in benefit 
liabilities. This problem is exacerbated for those multiemployer plans 
with a shrinking pool of active workers because plan contributions are 
generally paid on a per work-hour basis, contributing to the funding 
strain we discussed earlier.

Increasing health insurance costs are another factor affecting the 
long-term prospects of pensions, including multiemployer pensions. 
Recent increases in employer-provided health insurance costs are 
accounting for a rising share of total compensation, increasing 
pressure on employers' ability to maintain wages and other benefits, 
including pensions. Bureau of Labor Statistics data show that the cost 
of employer-provided health insurance has risen steadily in recent 
years, growing from 5.4 percent of total compensation in 1999 to 6.5 
percent as of the third quarter of 2003. A private survey of employers 
found that employer-sponsored health insurance costs rose about 14 
percent between the spring of 2002 and the spring of 2003, the third 
consecutive year of double-digit acceleration and the highest premium 
increase since 1990.[Footnote 18] Plan administrators and employer and 
union representatives that we talked with identified the rising costs 
of employer-provided health insurance as a key problem facing plans, as 
employers are increasingly forced to choose between maintaining current 
levels of pension and medical benefits.

Conclusions:

Although available evidence suggests that multiemployer plans are not 
experiencing anywhere near the magnitude of the problems that have 
recently afflicted the single-employer plans, there is cause for 
concern. The declines in interest rates and equities markets, and weak 
economic conditions in the early 2000s, have increased the financial 
stress on both individual multiemployer plans and the multiemployer 
framework generally. Most significant is PBGC's estimate of $100 
billion in unfunded multiemployer plan liabilities that are being borne 
collectively by employers and plan participants.

At this time, PBGC and, potentially, the taxpayer do not face the same 
level of exposure from this liability with multiemployer plans that 
they do with single-employer plans. This is because, as PBGC officials 
have noted, the current regulatory framework governing multiemployer 
plans redistributes financial risk toward employers and workers and 
away from the government. Employers face withdrawal and other 
liabilities that can be significant. In addition, should a 
multiemployer plan become insolvent, workers face the prospect of 
receiving far lower guaranteed benefits than workers receive under 
PBGC's single-employer program guaranteed limits. Together, not only do 
these features limit the exposure for PBGC, they create important 
incentives for all interested parties to resolve difficult financial 
situations that could otherwise result in plan insolvency.

Because the multiemployer plans' structure balances risk in a manner 
that fosters constructive collaboration among interested parties, 
proposals to address multiemployer plans' funding stress should be 
carefully designed and considered for their long-term consequences. For 
example, proposals to shift plan liabilities to PBGC by making it 
easier for employers to exit multiemployer plans could help a few 
employers or participants but erode the existing incentives that 
encourage interested parties to independently face up to their 
financial challenges. In particular, placing additional liabilities on 
PBGC could ultimately have serious consequences for the taxpayer, given 
that with only about $25 million in annual income, a trust fund of less 
than $1 billion, and a current deficit of $261 million, PBGC's 
multiemployer program has very limited resources to handle a major plan 
insolvency that could run into billions of dollars.

The current congressional efforts to provide funding relief are at 
least in part in response to the difficult conditions experienced by 
many plans in recent years. However, these efforts are also occurring 
in the context of the broader long-term decline in private sector 
defined benefit plans, including multiemployer plans, and the attendant 
rise of defined contribution plans, with their emphasis on greater 
individual responsibility for providing for a secure retirement. Such a 
transition could lead to greater individual control and reward for 
prudent investment and planning. However, if managed poorly, it could 
lead to adverse distributional effects for some workers and retirees, 
including a greater risk of a poverty-level income in retirement. Under 
this transition view, the more fundamental issues concern how to 
minimize the potentially serious, negative effects of the transition 
while balancing risks and costs for employers, workers, and retirees, 
and for the public as a whole. These important policy concerns make 
Congress's current focus on pension reform both timely and appropriate.

This concludes my prepared statement. I am happy to answer any 
questions that the subcommittee may have.

GAO Contact and Staff Acknowledgments:

For further questions on this testimony, please contact me at (202) 
512-7215. Individuals making key contributions to this testimony 
include Joseph Applebaum, Tim Fairbanks, Charles Jeszeck, Gene 
Kuehneman, Raun Lazier, and Roger J. Thomas.

FOOTNOTES

[1] Defined benefit (DB) plans promise a benefit that is generally 
based on years of service and employee's salary for single-employer 
plans or a flat dollar amount for multiemployer plans. In a single-
employer DB plan the employer is generally responsible for funding the 
benefit, investing and managing plan assets, and bearing the investment 
risk. For a multiemployer plan the employer generally makes 
contributions based on the collective bargaining agreement and plan 
trustees are responsible for investment decisions. In contrast, under a 
defined contribution plan, benefits are based on the contributions to 
and investment returns on individual accounts, and the employee bears 
the investment risk. An example of a defined contribution plan is a 401 
(k) plan, which operates as a salary reduction arrangement under 
section 401(k) of the Internal Revenue Code. The United States 
employer-sponsored pension system has historically been an important 
component of total retirement income, providing roughly 18 percent of 
aggregate retirement income in 2000. However, the percentage of the 
workforce with pension coverage has been near 50 percent since 
the1970s.

[2] Since its enactment in 1974, multiemployer defined benefit pensions 
have been regulated by the Employee Retirement Income Security Act 
(ERISA), which Congress passed to protect the interests of participants 
and beneficiaries covered by private sector employee benefit plans. 
Title IV of ERISA created PBGC as a United States Government 
corporation to insure the pensions of participants and beneficiaries in 
private sector-defined benefit plans. 

[3] Because of its accumulated deficit, the significant risk that other 
large underfunded plans might terminate and other structural factors, 
we designated PBGC's single-employer pension insurance program as a 
high-risk program and added it to the list of agencies and major 
programs that we believe need urgent attention. See U.S. General 
Accounting Office, Pension Benefit Guaranty Corporation Single-
Employer Program: Long-Term Vulnerabilities Warrant Program's 
Assignment to GAO High Risk Designation, GAO-03-1050SP, (Washington, 
D.C.: July 23, 2003). Congress is currently considering legislation 
that would provide funding relief to certain multiemployer pension 
funds.

[4] U.S. General Accounting Office, Pension and Welfare Benefit 
Administration: Opportunities Exist for Improving Management of the 
Enforcement Program, GAO-02-232 (Washington, D.C.: Mar. 3, 2002).

[5] The National Labor Relations Act (NLRA) provides the basic 
framework governing private sector labor-management relations. NLRA 
provides employees the right to form unions and bargain collectively 
and requires employers to recognize employee unions that demonstrate 
support from a majority of employees and to bargain in good faith. NLRA 
also specifies the structure, rights, and responsibilities for union 
and employer trustees of multiemployer pension plans. Since its 
enactment in 1935, collective bargaining has been the primary means by 
which workers can negotiate, through unions, the terms of their pension 
plan. The Taft Hartley Act amended NLRA to establish terms for 
negotiating such employee benefits and placed certain restrictions on 
the operation of any plan resulting from those negotiations. For 
example, employer contributions cannot be made to a union or its 
representative but must be made to a trust that is jointly and equally 
administered by union and employer representatives. Taft Hartley also 
established a formal set of conditions under which these plans must be 
operated and provided a legal framework for their management. See 29 
U.S.C. 186(c)(5).

[6] Multiemployer plans as used throughout this testimony refer to 
defined benefit pension plans. Note that there are other, sometimes 
separate, multiemployer agreements that cover programs such as health 
and other welfare benefits and defined contribution pension plans. 

[7] Benefit levels are generally also fixed by the contract or by the 
plan trustee, based on the agreed level of contributions. 

[8] Congress is currently considering a proposal that would revise the 
current requirements concerning withdrawal liability, shifting some of 
those liabilities to PBGC.

[9] Vested benefits are benefits that are no longer subject to risk of 
forfeiture. Unfunded vested benefits are the excess, if any, of the 
present value of a plan's vested benefits over the value of plan 
assets, determined in accordance with ERISA, including claims of the 
plan for unpaid initial withdrawal liability and redetermination 
liability. 

[10] Under the single-employer program, the maximum guarantee in 2004 
is $44,386.32 annually ($3,698.86 monthly) for a single life annuity 
beginning at age 65. The maximum is adjusted downward for retirees 
younger than age 65. Under the multiemployer program, PBGC guarantees 
the first $11 of monthly accrual and 75 percent of the next $33 of 
monthly accrual, for a maximum monthly accrual of $35.75 per month 
times the years of credited service. For a participant with 30 years of 
service under the plan, the maximum annual PBGC guaranteed benefit 
would be $12,870. Workers with less than 30 years service would receive 
a lower maximum guaranteed benefit.

[11] Of the 33 plans that have received financial assistance (loans) to 
pay insured benefits, 24 received assistance in 2003, 4 merged with 
other healthier plans and 1 purchased an annuity from a private sector 
insurance company and terminated, transferring benefit obligations to 
the insurance company. Only 1 plan has repaid any of its financial 
assistance and that plan repaid only the principal amount of its 
financial assistance. 

[12] The number of trusteed terminated plans is based on the fiscal 
year that PBGC trusteed the plans, rather than the fiscal year of the 
plan termination.

[13] Segal Benefits, Compensation and HR Consulting, SEGAL Survey, 
Effects of "The Perfect Storm" Begin to Emerge: Erosion of the Funded 
Position of Multiemployer Pension Plans, Spring 2003.

[14] A similar decline was observed for active participants of single-
employer plans, with the total falling from 27.3 percent of the private 
sector labor force in 1980 to 15.5 by 2001.

[15] "Strengthening Pension Security: Examining the Health and Future 
of Defined Benefit Pension Plans" Hearing before the Subcommittee on 
Employer-Employee Relations of the House Committee on Education and 
Workforce, (Washington D.C.: June 4, 2003).

[16] 1998 is the most recent year for which the Department of Labor has 
issued its Private Pension Plan Bulletin: Abstract of Form 5500 Annual 
Reports.

[17] U.S. General Accounting Office, Private Pensions: Participants 
Need Information on Risks They Face in Managing Pension Assets at and 
during Retirement, GAO-03-810 (Washington, D.C.: July 2003). 

[18] Employer Health Benefits 2003 Annual Survey, The Kaiser Family 
Foundation and Health Research and Education Trust.