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entitled 'Pension Benefit Guaranty Corporation: More Strategic Approach 
Needed for Processing Complex Plans Prone to Delays and Overpayments' 
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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

August 2009: 

Pension Benefit Guaranty Corporation: 

More Strategic Approach Needed for Processing Complex Plans Prone to 
Delays and Overpayments: 

GAO-09-716: 

GAO Highlights: 

Highlights of GAO-09-716, a report to congressional requesters. 

Why GAO Did This Study: 

As the insurer of over 29,000 private sector defined benefit plans, the 
Pension Benefit Guaranty Corporation (PBGC) may be required to assume 
responsibility for the plans of a growing number of companies filing 
bankruptcy due to the recession. Concerns about PBGC’s benefit 
determination process, reductions in benefits due to guarantee limits, 
and workers’ retirement security overall led the chairmen and ranking 
members of the Senate Health, Education, Labor, and Pensions Committee 
and the Senate Finance Committee, among others, to ask GAO to study: 

(1) how long it takes PBGC to make benefit determinations;
(2) the extent of overpayments on retirees’ benefits;
(3) how well PBGC communicates with participants; and; 
(4) the timeliness and accessibility of the appeals process. 

To conduct this study, GAO reviewed PBGC policies and procedures, 
analyzed automated data and case files, and interviewed PBGC officials 
and certain associations, participants, and their representatives from 
among those most affected by the process. 

What GAO Found: 

GAO’s review of plans terminated with insufficient funds and trusteed 
by PBGC during fiscal years 2000 through 2008 revealed that a small 
number of complex plans--especially those with large numbers of 
participants affected by limits on guaranteed benefit amounts--
accounted for most cases with lengthy delays and overpayments. 

Processing times. PBGC completed most participants’ benefit 
determinations in less than 3 years, but required more time—up to 9 
years—to process determinations for complex plans and plans with 
missing data. Nearly three-quarters of the lengthiest processing times 
were associated with individuals in just 10 of the 1,089 plans 
reviewed. Although PBGC has taken steps to shorten this process, its 
initiatives do not address the longest delays. 

Overpayments. Although many participants are affected by sizable 
benefit reductions, the vast majority are not affected by overpayments. 
Moreover, nearly two-thirds of overpayments involved participants in 
just 10 plans. In cases with overpayments, PBGC’s policy generally 
requires participants’ benefits to be reduced by no more than 10 
percent until the amount owed is repaid, but due to participants’ ages, 
the full amount often is never recouped. 

Figure: A Small Number of Complex Plans Account for Most Delays and 
Overpayments: 

[Refer to PDF for image: vertical bar graph] 

Cases with processing times of 4 or more years (78,553 total cases from 
561 plans): 
Top 10 plans: 72.8%; 
All other plans: 27.2%. 

Cases with overpayments (22,623 total cases from 467 plans): 
Top 10 plans: 65.3%; 
All other plans: 34.7%. 

Source: GAO analysis of PBGC data on participants in plans terminated 
and trusteed during fiscal years 2000 through 2008. 

[End of figure] 

Communication. PBGC has made efforts to improve communication, but key 
correspondence often did not meet the needs of those in complex plans. 
For example, when the process was lengthy, PBGC did not communicate 
with some participants for several years. When the benefit calculation 
was complicated, PBGC did not provide explanations that could be 
understood without further information or assistance. 

Appeals. Since restructuring the appeals process in 2003, PBGC has 
reduced the average amount of time needed to decide an appeal by almost 
a year. However, the agency does not readily provide key information 
that would be helpful to participants in deciding whether to pursue an 
appeal. 

What GAO Recommends: 

GAO is recommending that PBGC develop a better strategy for processing 
complex plans in order to reduce delays, minimize overpayments, improve 
communication with participants, and make the appeals process more 
accessible. PBGC generally agreed with the recommendations. 

View [hyperlink, http://www.gao.gov/products/GAO-09-716] or key 
components. For more information, contact Barbara Bovbjerg at (202) 512-
7215 or bovbjergb@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Most Benefit Determinations Are Completed within 3 Years, but Cases 
with Complex Plans and Missing Data Take Longer: 

Overpayments Have Been Infrequent and Mostly Concentrated in a Few 
Complex Plans: 

PBGC's Initial Communications Drew Praise, but Later Communications 
Were Sometimes Found Lacking: 

Restructured Appeals Process Resolves Requests More Efficiently but Key 
Information Is Not Readily Provided: 

Conclusions: 

Recommendations: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology for Analysis of Automated and Imaged 
Data: 

Appendix II: Organizations and Participants Contacted: 

Appendix III: The Process for Allocating Assets and Recoveries to 
Participant Benefits: 

Appendix IV: Limits on Guaranteed Benefits from a Participant's 
Perspective: 

Appendix V: Profiles of Three Large, Complex Plans: 

Appendix VI: Three Categories of Large, Complex Plans: 

Appendix VII: Sample Benefit Determination Letter: 

Appendix VIII: Comments from the Pension Benefit Guaranty Corporation: 

Appendix IX: GAO Contact and Staff Acknowledgments: 

Related GAO Products: 

Tables: 

Table 1: Types of Guaranteed Benefit Limits under ERISA: 

Table 2: Characteristics of 10 Large, Complex Plans: 

Table 3: Priority Categories for Allocating Participant Benefits: 

Table 4: Asset and Recovery Allocation among 10 Large, Complex Plans: 

Table 5: Profile of a Bethlehem Steel Terminated Pension Plan: 

Table 6: Profile of a Republic Technologies International Terminated 
Pension Plan: 

Table 7: Profile of a US Airways Terminated Pension Plan: 

Table 8: Ten Plans Most Affected by Guaranteed Benefit Limits: 

Table 9: Ten Plans Most Affected by Long Processing Times: 

Table 10: Ten Plans Most Affected by Overpayments: 

Figures: 

Figure 1: Growth in Number of Single-Employer Plans under PBGC 
Trusteeship (1975-2008): 

Figure 2: PBGC's Benefit Determination Process: 

Figure 3: Number of Years to Process Benefit Determinations: 

Figure 4: Number of Participants and Plans Terminated and Trusteed, by 
Fiscal Year (2000-2008): 

Figure 5: Average Processing Time, by Fiscal Year of Trusteeship: 

Figure 6: Ten Plans with the Greatest Number of Benefit Determinations 
Taking 4 Years or Longer: 

Figure 7: Proportion of Participants with Estimated Benefits that 
Differ from Final Benefits: 

Figure 8: Ten Plans with the Greatest Number of Participants Owing PBGC 
for Overpayments: 

Figure 9: The Effect of Plan Termination on One RTI Retiree's Monthly 
Payment: 

Figure 10: The Effect of Plan Termination on One Weirton Retiree's 
Monthly Payment: 

Figure 11: Participants' Ages at the End of Recoupment in Cases with 
Overpayments Greater than $10,000: 

Figure 12: PBGC's Appeals Process: 

Figure 13: Actions Taken on Correspondence Associated with Plans 
Trusteed during Fiscal Years 2000-2008: 

Figure 14: Average Age of Closed and Pending Appeals, by Fiscal Year: 

Figure 15: Outcome of Appeals since Restructuring: 

Figure 16: Example Scenario of Section 4044 Asset Allocation to 
Participants' Benefits: 

Figure 17: Example Scenario of Section 4022(c) Recovery Allocation to 
Participants' Benefits: 

Figure 18: Understanding the Limits on Guaranteed Benefits: 

Abbreviations: 

AFL-CIO: American Federation of Labor and Congress of Industrial 
Organizations: 

ERISA: Employee Retirement Income Security Act of 1974: 

OPM: Office of Personnel Management: 

PBGC: Pension Benefit Guaranty Corporation: 

RTI: Republic Technologies International: 

SPARR: Small Plan Average Recovery Ratio: 

SSA: Social Security Administration: 

SSI: Supplemental Security Income: 

USWA: United Steelworkers of America: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

August 17, 2009: 

Congressional Requesters: 

The Pension Benefit Guaranty Corporation (PBGC) insures the retirement 
income of nearly 44 million workers in over 29,000 private-sector 
defined benefit plans. In the event that a company files for bankruptcy 
and can no longer fund the benefits promised by its pension plan, the 
plan may be terminated and PBGC may be required to step in and assume 
responsibility for paying the pension benefits owed by that plan, 
subject to certain legal limits. Determining the correct benefit 
amounts following a plan's termination is a complex process that can 
take years to complete. Concerned about potential reductions to 
retirees' benefits, workers' retirement security in the face of 
economic volatility, as well as PBGC's actions with respect to the 
recent termination of the Republic Technologies International (RTI) 
pension plans, you asked GAO to assess PBGC's procedures for 
determining benefits following the termination of underfunded plans. 
Specifically, this report addresses the following: 

* the length of time it takes PBGC to make benefit determinations and 
the causes for delays; 

* the extent to which overpayments affect retirees' benefits; 

* PBGC's communication with participants to keep them informed of 
possible impacts on their benefits; and: 

* the length of time it takes to obtain an appeals decision and the 
accessibility of the appeals process. 

To address these topics, we reviewed PBGC policies and procedures, 
analyzed automated data, and interviewed PBGC officials knowledgeable 
of various stages of the benefit determination process. We reviewed 
several reports issued by PBGC's Office of Inspector General in the 
late 1990s that provided a description of the benefit determination 
process before 2000,[Footnote 1] and focused our study on plans 
trusteed since then--that is, during fiscal years 2000 through 
2008.[Footnote 2] PBGC provided electronic data on all the participants 
in these plans and the status of their benefits as of February 2009. We 
also examined plan and participant documents in PBGC's image processing 
system, selecting for review those most affected by delays and 
overpayments. For details on our methodology, see appendix I. Finally, 
we spoke with personnel from employee associations and advocacy groups 
who have been involved in some plan terminations, including the Pension 
Rights Center, the American Federation of Labor and Congress of 
Industrial Organizations (AFL-CIO), and the United Steelworkers, and 
with participants and their representatives from six large terminated 
plans: Reliance Group Holdings, Reliance Insurance Company, RTI-United 
Steelworkers' of America (USWA), RTI-USS/KOBE, United Air Lines (ground 
employees), and United Air Lines (pilots). For a complete list of 
organizations and participants contacted, see appendix II. 

We conducted this performance audit between October 2008 and August 
2009, in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

Background: 

PBGC was created as a government corporation by the Employee Retirement 
Income Security Act of 1974 (ERISA)[Footnote 3] to help protect the 
retirement income of U.S. workers with private-sector defined benefit 
plans by guaranteeing their benefits up to certain legal limits. PBGC 
administers two separate insurance programs for these plans: a single- 
employer program and a multiemployer program. The single-employer 
program covers about 34 million participants in about 28,000 plans. The 
multiemployer program covers about 10 million participants in about 
1,500 collectively-bargained plans that are maintained by two or more 
unrelated employers. If a multiemployer pension plan is unable to pay 
guaranteed benefits when due, PBGC will provide financial assistance to 
the plan, usually a loan, so that retirees continue receiving their 
benefit. However, if the sponsor of a single-employer plan is in 
financial distress and does not have sufficient assets to pay promised 
benefits, the plan will be terminated and PBGC will likely become the 
plan's trustee, assuming responsibility for paying benefits to 
participants as they become due, up to the guaranteed benefit limits. 
As of the end of fiscal year 2008, PBGC had terminated and trusteed a 
total of 3,860 single-employer plans (see figure 1). The single-
employer program is financed through premiums paid by the plan 
sponsors, recoveries from the companies formerly responsible for the 
plans, and investment income from the assets that PBGC acquires when it 
assumes control of a plan. A three-member Board of Directors, 
consisting of the Secretaries of the Commerce, Labor, and Treasury, is 
charged with providing policy direction and oversight of PBGC's 
finances and operations. 

Figure 1: Growth in Number of Single-Employer Plans under PBGC 
Trusteeship (1975-2008): 

[Refer to PDF for image: vertical bar graph] 

As of: 1979; 
Cumulative number of plans: 586. 

As of: 1984; 
Cumulative number of plans: 1,207. 

As of: 1989; 
Cumulative number of plans: 1,744. 

As of: 1994; 
Cumulative number of plans: 2,437. 

As of: 1999; 
Cumulative number of plans: 2,877. 

As of: 2004; 
Cumulative number of plans: 3,545. 

As of: 2008; 
Cumulative number of plans: 3,860. 

Source: GAO analysis of PBGC data, 1975-2008. 

[End of figure] 

PBGC's Pension Insurance Program Has Been Designated "High Risk": 

We designated PBGC's single-employer pension insurance program as "high 
risk" in 2003, including it on our list of major programs that need 
urgent attention and transformation.[Footnote 4] The program remains a 
high-risk concern due to an ongoing threat of losses from the 
terminations of underfunded plans. Financially, PBGC's accumulated 
deficit totaled $33.5 billion at the end of the second quarter of 
fiscal year 2009, a $22.5 billion increase since the end of fiscal year 
2008. Additionally, as we concluded in a recent report, PBGC's 
governance structure and strategic management need improvement. We 
found that PBGC's Board of Directors is limited in its ability to 
provide policy direction and oversight, and recommended that the board 
be expanded.[Footnote 5] Further, in two additional reports, we 
concluded that PBGC lacks a strategic approach to its acquisition and 
human capital management needs.[Footnote 6] 

The Benefit Determination Process: 

Under the single-employer program, if a company's pension plan has 
inadequate assets to pay all promised benefits, plan sponsors meeting 
certain criteria can voluntarily terminate a plan through a "distress" 
termination.[Footnote 7] PBGC may also decide to terminate an 
underfunded plan involuntarily to protect plan assets,[Footnote 8] and 
PBGC must terminate a plan if assets are insufficient to pay benefits 
currently due. In all these situations, PBGC generally becomes the 
trustee of the plan and assumes responsibility for paying benefits to 
the participants as they become due. Determining participants' benefit 
amounts following termination, however, is a complex process (see 
figure 2). It begins with gathering extensive data on plans and 
individuals' work and personnel histories, and determining who is 
eligible for benefits under a plan, which can be complicated if the 
company or plan has a history of mergers, elaborate structure, or 
missing data. It requires understanding plan provisions that vary from 
plan to plan and can be numerous, applying the guarantee limitations to 
each individual's benefit, and valuing plan assets and liabilities. If 
the participant is already retired, or retires before the process is 
complete, PBGC makes payments to the retiree based on an estimate of 
the final benefit amount. Once the process is complete, PBGC notifies 
each participant of the final benefit amount through a "benefit 
determination letter." In cases with a final benefit that is greater 
than the estimated amount, retirees are likely due a backpayment for 
having been underpaid, which PBGC will repay in a lump sum, with 
interest. In cases with a final benefit that is less, the retirees are 
likely to have received an overpayment, which they then must repay to 
PBGC, with no added interest. 

Figure 2: PBGC's Benefit Determination Process: 

[Refer to PDF for image: illustration] 

Pretermination: 
* Monitor underfunded plans; 
* Work with plans that face distress terminations. 

Initial Trusteeship (Termination): 
* Obtain agreement on plan trusteeship; 
* Notify participants and request information from retirees; 
* Ensure that retirees receive benefit payments and that estimated 
payments are reduced to reflect statutory limits. 

Audit: 
* Gather needed plan documents and participant data; 
* Define plan population; build and audit participant database; 
* Audit plan assets; 
* Determine employer liability. 

Benefit Valuation: 
* Calculate individual benefits, in accordance with statutory and 
regulatory requirements; 
* Determine PBGC’s overall benefit liability. 

Notification: 
* Determine if estimated benefits being paid retirees are correct and 
reconcile any differences: 
- If benefits have been underpaid, PBGC provides a payment, with 
interest; 
- If benefits have been overpaid, PBGC takes steps to recoup the 
overpaid funds (with no interest); 
* Notify participants of the final benefit amount through a “benefit 
determination letter;” 
* Process participants’ appeals. 

Postvaluation Administration (Ongoing): 
* Process address changes and death notices; 
* As nonretired participants enter retirement, calculate benefit based 
on actual retirement and place participants in pay status; 
* Respond to participants’ requests regarding their benefits. 

Source: GAO analysis of PBGC documents. 

[End of figure] 

Guarantee Limits, Ceased Accruals, and Overpayments Can Reduce 
Benefits: 

When single-employer plans are terminated without sufficient assets to 
pay all promised benefits, PBGC guarantees participants' benefits only 
up to certain limits, specified under statute in ERISA and related 
regulations. Participants whose benefits exceed these limits may have 
their benefits reduced to the guaranteed amounts, unless the plan has 
sufficient assets to pay the nonguaranteed portion of their benefits, 
either all or in part.[Footnote 9] These guarantee limits are commonly 
referred to as the maximum limit, the phase-in limit, and the accrued- 
at-normal limit (see table 1).[Footnote 10] One group often affected by 
the application of these limits is made up of those who take early 
retirement. The maximum limit is lowered for each year a person retires 
before age 65. Also, supplemental benefits--which are typically 
provided to early retirees as a bridge to when they become eligible for 
Social Security benefits--are eliminated or greatly reduced by the 
accrued-at-normal limit. Because many steelworkers and airline pilots 
retire before reaching age 65, retirees in these industries are hit 
particularly hard by the application of such limits. 

Table 1: Types of Guaranteed Benefit Limits under ERISA: 

Type of limit: Maximum limit; 
Description: The guaranteed benefit cannot exceed the statutory 
maximum, adjusted annually, at the time the plan terminates. In 2009, 
the maximum is $54,000 per year for a person retiring at age 65 and 
with no survivor benefit (that is, a single-life annuity). The maximum 
is lower for those retiring under age 65 or with a survivor benefit. 29 
U.S.C. § 1322(b)(3); 29 C.F.R. § 4022.24 (2009). 

Type of limit: Phase-in limit; 
Description: The guaranteed benefit cannot include any benefit increase 
implemented through a plan amendment that was made within 1 year of the 
date of the plan termination. For benefit improvements that became 
effective more than 1 year but less than 5 years prior to the plan's 
termination, the guaranteed amount is the larger of 20 percent of the 
benefit increase or $20 per month of the increase for each full year 
the increase was in effect. 29 U.S.C. § 1322(b)(1) and (7); 29 C.F.R. § 
4022.25 (2009). 

Type of limit: Accrued-at-normal limit; 
Description: The monthly guaranteed benefit cannot be greater than the 
monthly benefit provided as a straight-life annuity (that is, a 
periodic payment for the life of the retiree, with no additional 
payments to survivors) available at the plan's normal retirement age. 
The portion of any combined early retirement benefit and supplemental 
benefit that exceeds the normal retirement age straight life annuity is 
eliminated by this provision. 29 C.F.R. § 4022.21 (2009). 

Source: ERISA, PBGC's implementing regulations, and related documents. 

[End of table] 

PBGC's benefits are set based on the amounts accrued as of the date of 
plan termination.[Footnote 11] When a plan terminates, accruals cease. 
[Footnote 12] As a result, participants who are not yet retired are 
likely to receive lower benefits than what they would have received 
under their plans if they had been able to accrue further benefits. For 
example, if participants work for the plan sponsor beyond the 
termination date, the additional service would not be credited under 
that plan. The dollar amount or salary level used to calculate benefits 
is also frozen at the level in effect as of the date of plan 
termination, which can cause a participant's benefit to be 
substantially less than it would have been if the plan had continued. 
Participants can also be affected when a plan's termination date occurs 
before they become eligible for certain benefits, such as early 
retirement or disability benefits. 

For retirees and participants who retire prior to completion of the 
benefit determination process, estimated benefits are provided that can 
sometimes be greater than the final benefit amount, causing an 
overpayment. In addition to having benefits reduced due to the 
guarantee limits, some retirees' have their monthly benefit reduced 
once their benefit amount is finalized because they are required to 
repay an overpayment that was incurred while receiving estimated 
benefits. 

Most participants of terminated plans receive the full amount of the 
benefits they have earned under their plans, according to studies 
conducted by PBGC. PBGC does not systematically track the number of 
participants affected by guaranteed benefit limits or how much these 
limits affect benefit amounts; however, PBGC has conducted two studies 
on the impact of these limitations in a sample of large plans. The 
first study, issued in 1999, found 5.5 percent of participants were 
affected by the limits; and the second study, issued in 2008, found 
that 15.9 percent were affected. PBGC attributed the increase in the 
numbers affected in the second study to the inclusion of several large 
plans from the steel and airlines industries. Officials noted that 
these plans were more likely to be subject to the limits. Steel plans 
often provide supplements and allow retirement with unreduced benefits 
after 30 years of service, regardless of age, and airline plans often 
allow pilots to retire early and receive generous benefits. Across the 
different plans in both studies, participants' reductions in benefits 
varied widely, from less than 5 percent for some, to over 50 percent 
for others. 

Table: PBGC Findings on the Impact of Guaranteed Benefit Limits: 

Number of plans included in study: 
1999 study: 22; 
2008 study: 125. 

Number of participants included in study: 
1999 study: 90,448; 
2008 study: 525,700. 

Percentage receiving full plan benefits: 
1999 study: 94.5%; 
2008 study: 84.1%. 

Percentage receiving reduced benefits: 
1999 study: 5.5%; 
2008 study: 15.9%. 

Average amount of reduction (as percentage of participant’s benefit) 
for those with a reduction: 
1999 study: 16%; 
2008 study: 28%. 

Source: PBGC. 

[End of table] 

Most Benefit Determinations Are Completed within 3 Years, but Cases 
with Complex Plans and Missing Data Take Longer: 

PBGC makes most benefit determinations within 3 years after assuming 
trusteeship of a plan. However, complex plans and plans with missing 
data have required more time to process--up to 9 years, in some 
instances (the full time span we examined). Most of the benefit 
determinations that took 4 or more years to process were for 
participants[Footnote 13] in just 10 plans. PBGC officials have taken 
steps to shorten the benefit determination process, although their 
initiatives have focused on ways to expedite processing of 
straightforward cases instead of the processing of difficult cases 
prone to delays. 

PBGC Makes Most Benefit Determinations in Less than 3 Years: 

PBGC becomes the trustee of most plans within 10 months of termination 
and, once it has assumed trusteeship of a plan, the agency takes 
slightly less than 3 years to process most benefit determinations and 
notify participants of their final benefit amount. Following a PBGC 
Inspector General study, issued in 2000, that found that the majority 
of benefit determination letters were sent more than 5 years after PBGC 
assumed trusteeship of the plan, PBGC set a corporate goal of issuing 
benefit determinations, on average, no more than 3 years after 
trusteeship.[Footnote 14] Our review of the benefit determinations for 
participants in plans trusteed during fiscal years 2000 through 2008 
indicates that PBGC has moved processing times closer to this mark. 
Nearly three-quarters of the benefit determinations completed for these 
plans were made in 3 years or less (see figure 3). The vast majority of 
all completed benefit determinations--95 percent--was processed in less 
than 4 years' time. On the other hand, in February 2009, more than 
200,000 participants were awaiting benefit determinations that had been 
pending for an average of 3 or more years. 

Table: Length of Time from Trusteeship to Final Benefit Determination: 

Determinations completed (824,718 total): 
Maximum: 9.2 years; 
Minimum: -0.5 years[A]; 
Mean: 2.5 years; 
Median: 2.6 years. 

Determinations pending, as of February 2009 (232,554 total): 
Maximum: 9.3 years; 
Minimum: 0.3 years; 
Mean: 3.3 years; 
Median: 3.6 years. 

Source: GAO analysis of PBGC data for participants in plans trusteed 
during fiscal years 2000 through 2008. 

[A] In two atypical cases, PBGC made benefit determinations prior to 
trusteeship. 

[End of table] 

Figure 3: Number of Years to Process Benefit Determinations: 

[Refer to PDF for image: stacked vertical bar graph] 

Number of years: Less than 1 year; 
Percentage of benefit determinations completed: 5.5; 
Percentage of benefit determinations pending, as of February 2009: 1.3; 
Total: 6.8%. 

Number of years: 1-2 years; 
Percentage of benefit determinations completed: 17.7; 
Percentage of benefit determinations pending, as of February 2009: 3.9; 
Total: 21.6%. 

Number of years: 2-3 years; 
Percentage of benefit determinations completed: 34.1; 
Percentage of benefit determinations pending, as of February 2009: 3.1; 
Total: 37.2%. 

Number of years: 3-4 years; 
Percentage of benefit determinations completed: 16.5; 
Percentage of benefit determinations pending, as of February 2009: 
10.5; 
Total: 27.0%. 

Number of years: 4-5 years; 
Percentage of benefit determinations completed: 3.6; 
Percentage of benefit determinations pending, as of February 2009: 0.6; 
Total: 4.2%. 

Number of years: More than 5 years; 
Percentage of benefit determinations completed: 0.6; 
Percentage of benefit determinations pending, as of February 2009: 2.6; 
Total: 3.2%. 

Source: GAO analysis of PBGC data on length of time, from trusteeship 
to final benefit determination, for participants of plans terminated 
and trusteed during fiscal years 2000 through 2008 (1,057,272 total). 

[End of figure] 

PBGC practice is to prioritize benefit determinations based on an 
individual's retirement status at the time of plan termination. For 
example, participants who were retired when their plans terminated 
received their benefit determinations in about 2.0 years after PBGC 
assumed trusteeship, on average. Participants who had separated from 
employment under the plan but had some vested benefits at the time of 
the termination received benefit determinations in about 2.8 years, on 
average. All other participants received benefit determinations in 
about 2.8 years, on average. 

Workload Affects Processing Times: 

Processing times have varied considerably in any given year, due in 
part to the number and size of plans being terminated and trusteed that 
year (see figure 4). The number of plans trusteed by PBGC peaked during 
2002, 2003, and 2004, although the largest influx of participants 
occurred in 2005. The average number of participants per plan is 
slightly fewer than 1,000, but some plans have many more. For example, 
the Bethlehem Steel plan has nearly 93,000 participants, the LTV Steel 
(hourly) plan has about 68,000 participants, and the Kaiser Aluminum 
and Chemical Corp. (hourly) plan has just over 10,000 participants. 

Figure 4: Number of Participants and Plans Terminated and Trusteed, by 
Fiscal Year (2000-2008): 

[Refer to PDF for image: vertical bar graph] 

Fiscal year: 2000; 
Number of Plans: 99; 
Number of Participants: 30,091. 

Fiscal year: 2001; 
Number of Plans: 103; 
Number of Participants: 87,864. 

Fiscal year: 2002; 
Number of Plans: 144; 
Number of Participants: 189,183. 

Fiscal year: 2003; 
Number of Plans: 152; 
Number of Participants: 198,739. 

Fiscal year: 2004; 
Number of Plans: 178; 
Number of Participants: 149,248. 

Fiscal year: 2005; 
Number of Plans: 138; 
Number of Participants: 273,586. 

Fiscal year: 2006; 
Number of Plans: 86; 
Number of Participants: 45,759. 

Fiscal year: 2007; 
Number of Plans: 115; 
Number of Participants: 61,913. 

Fiscal year: 2008; 
Number of Plans: 74; 
Number of Participants: 20,889. 

Source: GAO analysis of PBGC data on participants in plans terminated 
and trusteed during fiscal years 2000 through 2008(1,057,272 
participants and 1,089 plans total). 

[End of figure] 

We found that processing times were longer, on average, for those plans 
trusteed in peak years (see figure 5). For example, processing times 
generally increased during fiscal years 2002 through 2005. 

Figure 5: Average Processing Time, by Fiscal Year of Trusteeship: 

[Refer to PDF for image: vertical bar graph] 

Fiscal year: 2000; 
Average age of case: 2.5 years; 
Determinations completed: 29,369; 
Determinations pending, as of February 2009: 722. 

Fiscal year: 2001; 
Average age of case: 2.5 years; 
Determinations completed: 86,862; 
Determinations pending, as of February 2009: 1,002. 

Fiscal year: 2002; 
Average age of case: 2.5 years; 
Determinations completed: 182,917; 
Determinations pending, as of February 2009: 6,266. 

Fiscal year: 2003; 
Average age of case: 2.7 years; 
Determinations completed: 181,255; 
Determinations pending, as of February 2009: 17,484. 

Fiscal year: 2004; 
Average age of case: 2.8 years; 
Determinations completed: 141,486; 
Determinations pending, as of February 2009: 7,762. 

Fiscal year: 2005; 
Average age of case: 3.0 years; 
Determinations completed: 178,911; 
Determinations pending, as of February 2009: 94,675. 

Fiscal year: 2006; 
Average age of case: 2.7 years; 
Determinations completed: 15,652; 
Determinations pending, as of February 2009: 30,107. 

Fiscal year: 2007; 
Average age of case: 1.8 years; 
Determinations completed: 7,999; 
Determinations pending, as of February 2009: 53,914. 

Fiscal year: 2008; 
Average age of case: 0.9 years; 
Determinations completed: 267; 
Determinations pending, as of February 2009: 20,622. 

Source: GAO analysis of PBGC data on length of time, from trusteeship 
to final benefit determination, for participants of plans terminated 
and trusteed during fiscal years 2000 through 2008 (1,057,272 total). 

[End of figure] 

Plan Complexity and Missing Data Also Adds to Processing Times: 

Processing times have also increased with the complexity of plans and 
the unavailability of needed data. Obtaining plan documents, gaining 
complete participant data, and interpreting plan requirements often 
present difficulties. Nevertheless, nearly three-quarters of the 
benefit determinations that took 4 or more years to process were for 
participants in just 10 of the 1,089 plans terminated and trusteed 
during fiscal years 2000 through 2008, as shown in figure 6. These 
plans were sponsored by four steel companies, two mining companies, one 
other manufacturer, an insurance company, and a construction company. 

Figure 6: Ten Plans with the Greatest Number of Benefit Determinations 
Taking 4 Years or Longer: 

[Refer to PDF for image: horizontal bar graph] 

Percentage of all participants with benefit determinations taking 4 or 
more years, as of February 2009: 

Top 10 plans: 
Bethlehem Steel: 32.61%; 
LTV Steel Co. (hourly plan): 5.96%; 
Horizon NR LLC: 5.55%; 
Kaiser Aluminum and Chemical Corp. (hourly plan): 5.35%; 
RTI (USWA plan): 4.86%; 
J.A. Jones, Inc.: 4.3%; 
Kaiser Aluminum and Chemical Corp. (salaried plan): 3.87%; 
Cone Mills Corporation: 3.76%; 
Weirton Steel: 3.49%; 
Reliance Insurance Company: 3.01%; 
Total, top 10 plans: 72.8%. 

All other plans: 27.24%. 

Source: GAO analysis of PBGC data on participants of plans terminated 
and trusteed during fiscal years 2000 through 2008.(Cases taking 4 or 
more years: 78,553 total participants from 561 plans.) 

[End of figure] 

Plan Complexity: 

We found that a variety of factors had contributed to the complexity of 
the 10 plans with these lengthier determinations. One key factor was 
the level of difficulty of calculating benefits. For some, a history of 
company or plan mergers, or other unusual or complicated benefit 
formulas, made determining a participant's benefit more difficult and 
added to processing time. For example, the pension plan of Bethlehem 
Steel Corporation--which still had some benefit determinations pending 
as of February 2009, nearly 6 years after the plan's trusteeship--is a 
product of more than 100 company mergers, consolidations, and/or 
spinoffs. There are eight major parts to this plan, and three of the 
parts have separate hourly and salaried plans. In general, if a plan 
has undergone a merger, participants may be covered by different plan 
provisions, or participants may transfer between component plans, such 
as moving from an hourly to salaried plan. According to PBGC, the 
Bethlehem Steel plan required an analysis of more than 30 sets of plan 
documents to make benefit determinations for the nearly 93,000 
participants. 

Unusual or numerous plan provisions have also made benefit 
determinations more challenging and, therefore, time consuming. The 
Cone Mills Corporation plan consists of three merged plans. In 2001, 
the company's plans for long-distance drivers and salaried workers were 
merged into its plan for hourly workers. Yet, distinct provisions in 
each of the original plans remained in place for their respective 
members. It required time for PBGC to understand which participants 
belonged to each group and the provisions associated with each 
participant. 

In other cases, an elaborate plan structure has also made it 
challenging for PBGC to determine the availability of plan assets and 
to distribute them across different categories of participants' 
benefits in the asset allocation process.[Footnote 15] The Kaiser 
Aluminum and Chemical Corp. had 26 direct and indirect subsidiaries in 
its controlled group and in bankruptcy; 36 subsidiaries not in 
bankruptcy; and 13 operating subsidiaries and joint ventures not in the 
controlled group or in bankruptcy.[Footnote 16] Kaiser had eight 
defined benefit plans, seven of which were trusteed by PBGC, and the 
assets for these eight plans were commingled, which added complexity to 
PBGC's audit of the plans' net worth. 

Benefit guarantee limits contributed to the complexity of several 
plans. PBGC must determine, on a participant-by-participant basis, the 
level of benefits each is entitled to under ERISA and related 
regulations.[Footnote 17] According to PBGC officials, these 
calculations can be time consuming when there are a large number of 
participants receiving benefit adjustments as a result of these limits. 
For example, there were several benefit rate increases in the LTV Steel 
(hourly) plan that went into effect within 5 years of the plan's 
termination and, therefore, were subject to the phase-in limit. These 
included a plant shutdown supplement for certain participants, a 
surviving spouse's special payment, and additional continuous service 
for participants affected by certain layoffs.[Footnote 18] In total, 
there were 35,279 participants whose benefits were affected by the 
phase-in limitation under this plan, as well as 4,850 affected by the 
accrued-at-normal limit, and 3,644 affected by the maximum limit. 
[Footnote 19] 

Qualified domestic relations orders have also contributed to the 
complexity of making a benefit determination. When participants have 
domestic relations orders related to child support, alimony payments, 
and marital property rights, some portion of, or all of, a 
participant's pension benefits may be assigned to a spouse, former 
spouse, child, or other dependent. In these cases, PBGC must determine 
whether the order is a qualified domestic relations order, a process 
which can entail a detailed review of legal documents. Although nearly 
two-thirds of the plans we examined did not have any participants with 
qualified domestic relations orders, several of the ten plans 
associated with the lengthiest processing times had numerous 
participants with such orders. For example, the Bethlehem Steel plan 
included 904 participants with qualified domestic relations orders, and 
the LTV Steel (hourly) plan included 609. 

Missing Data: 

The condition of plan and participant data is also a key factor 
affecting processing times. When a plan terminates, PBGC tries to 
obtain all plan documents, such as the original plan, plan amendments, 
and, if applicable, negotiated agreements with unions, as well as 
personnel and payroll data. To do so with the termination of a large, 
complex plan, PBGC auditors have usually visited sponsor locations to 
collect data and contacted the plan's actuarial staff, administrators, 
or others responsible for managing the plan's assets. When the plan's 
administration is decentralized, this process involves collecting 
records from different locations in the course of many site visits. For 
example, over a 2-month period, a PBGC audit team visited Bethlehem 
Steel facilities in Sparrows Point, MD; Bethlehem, PA; Coatesville, PA; 
Steelton, PA; Lackawanna, NY; and Burns Harbor, IN to collect records. 
Data were not always available in electronic form. The Bethlehem Steel 
Lackawanna facility, for example, did not use an electronic 
recordkeeping system, so PBGC collected more than 20,000 hard-copy 
employee record cards from the site. 

According to PBGC officials, plan sponsors have frequently diverted 
resources away from actuarial and information technology services 
during rough financial periods, causing records maintenance to 
deteriorate before PBGC is able to take over the plan. In such 
situations, data become difficult to locate, key personnel with 
knowledge of the data leave the organization, and data systems may be 
inaccessible. Additionally, the data PBGC is able to collect has often 
been incomplete. As a result, PBGC actuaries sometimes have to make 
assumptions about which plan provisions apply to whom when estimating 
the plan's assets and liabilities, and calculating individual 
participants' benefits. When processing the Weirton Steel plan, for 
example, PBGC was required to calculate benefits for some participants 
whose average monthly earnings were missing. A PBGC official told us 
that they sometimes use collective bargaining agreements and board 
resolutions, even if their legality cannot be verified, if those 
documents provide the best information available. 

To avoid situations where data are missing or in poor condition, PBGC 
officials told us they generally try to obtain data prior to taking 
over a plan. In most situations, they will quickly try to assess the 
location and condition of plan records, and take steps to preserve the 
records in the event that PBGC takes over the plan. However, officials 
acknowledged that negotiations between PBGC and plan sponsors prior to 
trusteeship have sometimes deterred them from using their access 
authority[Footnote 20] to secure records until after actually becoming 
the trustee. For example, the RTI case involved a lengthy legal 
deliberation over the plan's termination date, and while this 
litigation was ongoing prior to trusteeship, PBGC's case processing 
division did not pursue documents from RTI prior to trusteeship, on the 
advice of the agency's and company's counsel at the time. PBGC 
officials noted that when aspects of termination are being contested, 
it is not uncommon for company officials to be unwilling to share 
information until after PBGC's trusteeship is official. In the RTI 
case, by the time the court case was resolved and PBGC became the 
trustee, a new owner had assumed control of the personnel files, 
documentation needed to determine benefit entitlement had been purged, 
and only one person remained with working knowledge of the RTI pension 
plan.[Footnote 21] 

New Initiatives to Shorten the Benefit Determination Process Do Not 
Address Longest Delays: 

PBGC officials have taken steps to shorten the benefit determination 
process, although these initiatives do not specifically address complex 
cases. Rather, PBGC officials said that their initiatives are intended 
to process straightforward cases more quickly so that staff can 
concentrate on those that are difficult. Specifically, PBGC adopted a 
simplified data validation process to speed the processing of plans 
with fewer than 200 participants. They decided that the validation 
process used for large plans, which involves a full electronic data 
audit and a review of all data elements by an auditor, was unnecessary 
for smaller plans, which have fewer participants and less data, making 
any errors highly visible. PBGC has also prioritized benefit 
determinations for retirees who have been receiving benefits for some 
time. Such determinations are more straightforward because these 
retirees are less likely to have their benefits reduced by the 
guarantee limits. These efforts help PBGC to avoid unnecessary delays 
in straightforward cases. PBGC does not, however, target its changes on 
complex plans with benefit determinations most prone to lengthy delays. 
Nor does PBGC set benchmarks for complex cases or goals for decreasing 
the processing time for these cases. Officials acknowledged that the 
current tracking of timeliness focuses on average processing times 
only. 

Overpayments Have Been Infrequent and Mostly Concentrated in a Few 
Complex Plans: 

Overpayments have been infrequent and the impact on benefit amounts has 
been generally minor. As with the cases that required lengthy 
processing times, most of the cases in which overpayment occurred have 
been concentrated in a small number of plans. These tended to be large 
plans with large numbers of retirees, as well as plans whose total 
asset values were difficult to determine or anticipate. Meanwhile, 
PBGC's requirement for repayment of overpayments is highly amortized, 
thereby limiting the amount of money that PBGC will recoup. By 
comparison, some other federal agencies have more aggressive repayment 
policies, but more liberal waiver policies for cases of hardship. 

Overpayments Are Infrequent and Generally Have Limited Impact on 
Benefits: 

Overpayments generally occur when a plan retiree receives estimated 
benefits while PBGC is in the process of making benefit determinations 
and the final benefit amount is less than the estimated benefit amount. 
Our review of plans terminated and trusteed during fiscal years 2000 
through 2008 found that this happened only in a small percentage of 
cases (see figure 7). Of the 1.1 million participants in plans 
terminated and trusteed during fiscal years 2000 through 2008, more 
than half were not yet retirees and, therefore, did not receive 
estimated benefits before the benefit determination process was 
complete. For most who were retirees, the estimated benefit amount 
received did not change when finalized. Of those whose benefit amount 
did change when finalized, about half received a benefit that was 
greater and half received a benefit that was less (about 3 percent of 
total participants in these plans, overall). 

Figure 7: Proportion of Participants with Estimated Benefits that 
Differ from Final Benefits: 

[Refer to PDF for image: pie-chart] 

No change: 28.4%; 
Final benefit greater: 3.1%; 
Final benefit less: 3.4%; 
No estimated benefit: 54.9%; 
Final benefit pending: 10.2%. 

Source: GAO analysis of PBGC data on participants of plans terminated 
and trusteed during fiscal years 2000 through 2008(1,057,272 cases 
total). 

[End of figure] 

According to PBGC data on recoupments, 22,623 participants in plans 
terminated and trusteed during fiscal years 2000 through 2008 owed PBGC 
for overpayments. These amounts varied widely--from less than $1 to 
more than $150,000--but our analysis of PBGC data suggests that most 
owed less than $3,000.[Footnote 22] Since in most cases PBGC recoups no 
more than 10 percent of a participant's final benefit each 
month,[Footnote 23] the impact on the participant's benefit was 
limited. Per individual, the median benefit reduction due to recoupment 
was about $16 a month, or about 3 percent of the monthly payment 
amount, on average. Per case, the median amount that had been repaid, 
as of February 2009, was $365. 

Table: Recoupment Cases: 

Number of participants with overpayments: 22,623. 

Estimated total amount of overpayments: $100,000,000; 
Maximum: over $150,000; 
Minimum: under $1; 
Mean: about $4,400; 
Median: about $2,500. 

Estimated total amount recouped, as of February 2009: $13,000,000; 

Monthly benefit reductions due to recoupments: 
Maximum: $930; 
Minimum: under $1; 
Mean: about $24; 
Median: about $16. 

Monthly benefit reductions as percentage of payment: 
Maximum: 50%; 
Minimum: less than 1%; 
Mean: about 3%; 
Median: about 2%. 

Source: GAO analysis of PBGC data on participants in plans terminated 
and trusteed during fiscal years 2000 through 2008. 

[End of table] 

A Few Plans Accounted for Most Cases with Overpayments: 

Of the 1,089 plans terminated and trusteed during fiscal years 2000 
through 2008, just 10 accounted for more than 65 percent all cases of 
overpayment (see figure 8).[Footnote 24] Nine of these 10 plans were 
sponsored by steel companies trusteed by PBGC from 2001 to 2003. When 
PBGC assumes responsibility for a plan, retirees generally continue to 
receive an estimated benefit that is the same as what they had been 
receiving, unless PBGC determines they are subject to any of the 
guarantee limits, and that their estimated payments need to be reduced 
to reflect these limits. In such cases, overpayments can occur for two 
basic reasons: (1) there is a period of time when the retiree's 
estimated benefit has not yet been reduced to reflect applicable 
limits; and (2) the retiree's estimated benefit is adjusted to reflect 
applicable limits, but the estimate is still greater than the benefit 
amount that is ultimately determined to be correct once the benefit 
determination process is complete. 

Figure 8: Ten Plans with the Greatest Number of Participants Owing PBGC 
for Overpayments: 

[Refer to PDF for image: horizontal bar graph] 

Percentage of all participants unidentified as owing PBGC for 
overpayment, as of February 2009: 

Top 10 plans: 
LTV Steel Co. (hourly plan): 19.63%; 
Bethlehem Steel: 10.99%; 
Weirton Steel: 8.83%; 
RTI (USWA plan): 6.67%; 
National Steel (hourly plan): 4.75%; 
LTV Steel Co. (salary plan): 4.04%; 
RTI (USS/KOBE plan): 3.23%; 
Outboard Marine (employees plan): 2.71%; 
LTV Steel Mining Co.: 2.42%; 
Northwestern Steel and Wire (plan A): 1.99%; 
Total: 65.3%. 

All other plans: 34.7%. 

Source: GAO analysis of PBGC data on participants of plans terminated 
and trusteed during fiscal years 2000 through 2008.(Cases with 
overpayments: 22,623 total participants from 467 plans.) 

[End of figure] 

As summarized in table 2, of the 10 plans with the greatest number of 
overpayments, 9 also had large numbers of participants, including many 
who were subject to the guarantee limits and who were retired and 
receiving estimated benefits.[Footnote 25] In addition, all these plans 
had assets or recoveries allocated to pay some, but not all, of 
retirees' nonguaranteed benefits, which are generally some of the first 
nonguaranteed benefits to be paid from the allocation process--before, 
for example, future retirees' nonguaranteed benefits.[Footnote 26] 
According to PBGC officials, uncertainty about how much a plan's assets 
or recoveries will be able to contribute toward a retiree's benefit 
that the agency does not guarantee, under law, can make it difficult to 
calculate an accurate benefit amount until the benefit determination 
process is complete. 

Table 2: Characteristics of 10 Large, Complex Plans: 

Plan sponsor (name)[B]: LTV Steel Co. (hourly plan); 
Total number of participants: 68,124; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 4,850; 
Number subject to guarantee limits[A]: Maximum limit: 3,644; 
Number subject to guarantee limits[A]: Phase-in limit: 35,279; 
Number receiving estimated benefits: 46,007; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 4,442. 

Plan sponsor (name)[B]: Weirton Steel; 
Total number of participants: 9,757; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 1,342; 
Number subject to guarantee limits[A]: Maximum limit: 2,482; 
Number subject to guarantee limits[A]: Phase-in limit: 672 [D]; 
Number receiving estimated benefits: 6,915; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 1,997. 

Plan sponsor (name)[B]: RTI (USWA plan); 
Total number of participants: 4,289; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 941; 
Number subject to guarantee limits[A]: Maximum limit: 11; 
Number subject to guarantee limits[A]: Phase-in limit: 1,693; 
Number receiving estimated benefits: 2,257; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 1,508. 

Plan sponsor (name)[B]: National Steel (hourly plan); 
Total number of participants: 10,433; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 40; 
Number subject to guarantee limits[A]: Maximum limit: 1,113; 
Number subject to guarantee limits[A]: Phase-in limit: [E]; 
Number receiving estimated benefits: 6,272; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 1,075. 

Plan sponsor (name)[B]: LTV Steel Company Inc. (salary plan); 
Total number of participants: 13,450; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 45; 
Number subject to guarantee limits[A]: Maximum limit: 7; 
Number subject to guarantee limits[A]: Phase-in limit: 1,401; 
Number receiving estimated benefits: 9,606; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 913. 

Plan sponsor (name)[B]: RTI (USS/KOBE plan); 
Total number of participants: 2,299; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 874; 
Number subject to guarantee limits[A]: Maximum limit: 51; 
Number subject to guarantee limits[A]: Phase-in limit: 7; 
Number receiving estimated benefits: 1,356; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 730. 

Plan sponsor (name)[B]: Outboard Marine (employees plan); 
Total number of participants: 9,744; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 780; 
Number subject to guarantee limits[A]: Maximum limit: 159; 
Number subject to guarantee limits[A]: Phase-in limit: [E]; 
Number receiving estimated benefits: 4,797; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 614. 

Plan sponsor (name)[B]: LTV Steel Mining Co.; 
Total number of participants: 3,416; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 643; 
Number subject to guarantee limits[A]: Maximum limit: 381; 
Number subject to guarantee limits[A]: Phase-in limit: 1,099; 
Number receiving estimated benefits: 2,383; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 548. 

Plan sponsor (name)[B]: Northwestern Steel & Wire (plan A); 
Total number of participants: 3,576; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 1,023; 
Number subject to guarantee limits[A]: Maximum limit: 533; 
Number subject to guarantee limits[A]: Phase-in limit: 0; 
Number receiving estimated benefits: 2,812; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 450. 

Plan sponsor (name)[B]: US Airways Inc. (pilots' plan); 
Total number of participants: 7,050; 
Number subject to guarantee limits[A]: Accrued-at-normal limit: 51; 
Number subject to guarantee limits[A]: Maximum limit: 5,171; 
Number subject to guarantee limits[A]: Phase-in limit: 175; 
Number receiving estimated benefits: 1,501; 
Sufficient assets or recoveries to pay some nonguaranteed benefits[C]: 
Yes--retirees' nonguaranteed benefits partially paid; 
Total number of participants with overpayments: 111. 

Source: GAO analysis of PBGC data. 

[A] Participants may be subject to more than one type of limitation, so 
the three columns cannot be added together to determine a total. 

[B] Bethlehem Steel was not included in this table because valuation of 
the plan was not complete and data on numbers subject to the guarantee 
limits were not available as of February 2009. 

[C] For further details about the allocation process, see appendix III. 

[D] This represents the number of participants subject to the phase-in 
limitation who were in pay status as of the date of plan termination. 
No data were readily available on the number of participants subject to 
this limitation who retired (or will retire) after the date of plan 
termination. 

[E] Various changes in benefits were described as subject to the phase 
in limit in these plans (9 for National Steel and 17 for Outboard 
Marine), but no listings were provided to indicate the number of 
participants affected. 

[End of table] 

Finally, a lengthy benefit determination process can exacerbate the 
impact of inaccurate estimates. The total overpayment can become 
substantial over a long period of time, even if the difference between 
the estimated and final monthly benefit amount is small. Also, when 
plans are terminated involuntarily, there can sometimes be lengthy 
delays before PBGC reduces estimated benefits to reflect guarantee 
limits. Among the 10 plans with the most overpayments, all were 
involuntary terminations, and we found that the length of time between 
plan termination and when estimated benefits were adjusted to reflect 
guarantee limits varied widely. In some cases, estimated benefits were 
adjusted within 9 months of termination, while in other cases, more 
than 6 years elapsed before estimated benefits were adjusted--and in 
general, the longer the delays, the larger the overpayments. In 
contrast, when plans are terminated at the sponsor's request as 
distress terminations, the sponsors are required to impose these limits 
themselves so that participants' benefits are reduced as of the date of 
termination.[Footnote 27] 

The following examples illustrate how the above circumstances can 
combine to create large numbers of cases with overpayments among some 
plans. We chose these two case examples from among the cases sampled in 
the 10 plans with the most overpayments to illustrate the two types of 
situations that can result in overpayments outlined previously: (1) 
delayed adjustment of the retiree's estimated benefit to reflect 
applicable limits; and (2) timely, but inaccurate adjustment of the 
retiree's estimate to reflect applicable limits. We also chose these 
two case examples specifically because they had similar benefit amounts 
prior to termination. 

In the RTI (USWA) plan, four large groups of participants were affected 
by the guarantee limits: (1) those with six different types of 
temporary supplements who were subject to the accrued-at-normal limit; 
[Footnote 28] (2) former Bar Technologies employees whose benefits were 
subject to a $20 or 20 percent phase-in limit;[Footnote 29] (3) those 
who retired or will retire with 30 years of service and were subject to 
a $60 or 60 percent phase-in; and (4) those who retired under the early 
retirement program whose benefits were subject to a $60 or 60 percent 
phase-in. To explore the impact of guarantee limits on the retirees who 
incurred overpayments, we randomly selected 5 participants from among 
the 1,693 subject to the phase-in limits, and found that all were 
retirees who had their benefits reduced between 19 percent and 63 
percent from what they had been receiving prior to termination. In 
three cases, estimated benefits were adjusted to reflect these limits 
2.3 years after termination, but in two cases, estimated benefits were 
not adjusted prior to issuance of the benefit determination letter, 
which took place more than 6 years after termination. Due to inaccurate 
estimated benefits that were paid over several years, all 5 had 
incurred overpayments, ranging from $2,000 to about $57,000, and as a 
result, their benefits were reduced further to recoup the amounts owed. 
The effect on the monthly payment for one RTI retiree, whom PBGC 
overpaid by a total of $23,986, is illustrated in figure 9. Ultimately, 
this retiree's payment was reduced by almost two-thirds, mostly due to 
guarantee limits. 

Figure 9: The Effect of Plan Termination on One RTI Retiree's Monthly 
Payment: 

[Refer to PDF for image: stacked vertical bar graph] 

6/14/02: Plan termination; 
9/30/03: Date of trusteeship. 

Final benefit determination amount: $562. 

2002 estimated monthly benefit: 
Payment amount: $1,504; 
Portion of payment amount that is an overpayment: $942. 

2003 estimated monthly benefits: 
Payment amount: $1,504; 
Portion of payment amount that is an overpayment: $942. 

10/1/04 estimated benefit reduced due to limits: 
Payment amount: $402[A]. 

7/1/05 estimated benefit increased to correct an error: 
Payment amount: $506. 

2006 estimated monthly benefit: 
Payment amount: $506. 

2007 estimated monthly benefit: 
Payment amount: $506. 

8/1/08 final monthly benefit: 
Payment amount: $506; 
Payment reduction to recoup overpayment: $56. 

Source: GAO analysis of PBGC data. 

[A] During this time, participant was underpaid. Amount of underpayment 
was factored in when the total net overpayment amount was determined. 

[End of figure] 

In the Weirton plan, we found that large numbers of participants were 
subject to the accrued-at-normal limits due to various plan 
supplements; and were subject to the phase-in limits due to seven 
different types of benefit changes made within 5 years before plan 
termination. In addition, many participants were subject to the maximum 
limits, in part due to the aggregate limit imposed when participants 
are involved in more than one terminated plan[Footnote 30] (many 
participants had worked previously for National Steel or other PBGC- 
trusteed plans). We reviewed five randomly-selected cases from among 
the 1,342 participants who were subject to the accrued-at-normal limit 
and found that all were retirees whose estimated benefit amounts were 
inaccurate for at least part of the period involving the benefit 
determination process. One case resulted in an underpayment, with a 
backpayment of $11,384 to be repaid to the retiree, plus interest. The 
other four cases resulted in overpayments, ranging from $3,200 to just 
over $6,000, with reductions in benefit payments to recoup the amounts 
overpaid. In contrast with the five sampled RTI participants, these 
retirees had their benefits adjusted more quickly to reflect the 
guarantee limits so that, in general, the overpayments incurred were 
not as large. All 4 had their estimated benefits adjusted in less than 
9 months. The effect on one Weirton retiree's monthly payment is 
illustrated in figure 10. As was the case in the previous example, this 
retiree's payment was ultimately reduced by nearly one-half, mostly due 
to guarantee limits. 

Figure 10: The Effect of Plan Termination on One Weirton Retiree's 
Monthly Payment: 

[Refer to PDF for image: stacked vertical bar graph] 

10/21/03: Plan termination; 
11/12/03: Date of trusteeship. 

Final benefit determination amount: $821. 

2003 estimated monthly benefit: 
Payment amount: $1,521; 
Portion of payment amount that is an overpayment: $700. 

7/1/04 estimated benefit reduced due to limits: 
Payment amount: $821. 

2005 estimated monthly benefit: 
Payment amount: $821. 

2006 estimated monthly benefit: 
Payment amount: $821. 

12/17/07 final monthly benefit: 
Payment amount: $821. 

3/13/08 benefit adjusted due to overpayment: 
Payment amount: $783; 
Payment reduction to recoup overpayment: $38. 

Source: GAO analysis of PBGC data. 

[End of figure] 

Large Overpayments Are Not Fully Recouped: 

Our analysis of PBGC data indicates that the overpayments owed by 
participants in plans terminated and trusteed during fiscal years 2000 
through 2008 totaled almost $100 million.[Footnote 31] Of this total, 
about $14 million had been recouped, as of February 2009. However, 
PBGC's policy of restricting recoupments to no more than 10 percent of 
the recipient's monthly benefit results in a long amortization period 
for collection that can well exceed normal life expectancies. Since 
PBGC does not pursue further collection from a participant's estate 
once a retiree (and any beneficiary) dies, a substantial portion of 
these overpayments will not be repaid. Specifically, for many of these 
individuals, it was projected that these debts would not be fully paid 
until the year 2099, PBGC's arbitrary cutoff. Nearly 60 percent of 
those with future recoupments would not finish repaying these debts 
until the year 2020 and beyond. We analyzed the ages of retirees and/or 
beneficiaries at their projected end date of recoupment for all cases 
involving overpayments greater than $10,000. Although these cases 
accounted for fewer than 10 percent of those with overpayments, the 
amounts they owed accounted for more than 40 percent of total 
recoupments. We found that about 60 percent of these individuals would 
be age 80 or older, and over 30 percent would be age 100 or older, when 
their debts to PBGC would be fully repaid (see figure 11). The life 
expectancy for those age 65 in 2009 is estimated to be 82 to 87 years. 
[Footnote 32] 

Figure 11: Participants' Ages at the End of Recoupment in Cases with 
Overpayments Greater than $10,000: 

[Refer to PDF for image: pie-chart] 

Under age 80: 39.7%; 
Age 80 to 99: 29.2%; 
Age 100 and over: 31.1%. 

Source: GAO analysis of PBGC data on participants in plans terminated 
and trusteed during fiscal years 2000 through 2008 with recoupments 
greater than $10,000 (2,035 cases total). 

Note: In 173 of these cases, the end date was the arbitrary cutoff of 
2099, so ages at the actual end of recoupment would be greater. 

[End of figure] 

Some Federal Agencies Reduce Payments More Aggressively, but Also Grant 
More Waivers for Overpayments: 

Once overpayments have been made, finding the right balance between 
agency fiscal responsibility and fairness to participants can be 
difficult to achieve. Compared with PBGC's policy on overpayments, 
[Footnote 33] federal agencies such as the Social Security 
Administration (SSA) and the Office of Personnel Management (OPM) 
generally allow larger reductions to benefits when recouping 
overpayments, but their policies also give much greater prominence to 
waivers. PBGC policy stipulates that in cases with an ongoing payment, 
recoupment of an overpayment may not be waived unless the monthly 
reduction would be less than $5.[Footnote 34] Waivers for hardship are 
to be considered only in cases for which there is no ongoing payment to 
the participant. According to the agency's general counsel and 
subsequent comments from agency officials, since the outset of 2009, 
PBGC has been receiving hardship waiver requests in recovery cases at 
more than twice the rate received the prior year. 

In contrast, both SSA and OPM policies on overpayments allow hardship 
consideration for cases with ongoing payments. For overpayment of 
Social Security benefits, SSA will withhold the full amount of the 
benefit each month until the overpayment is fully recouped. However, in 
its fact sheet on overpayments with respect to Social Security benefits 
and Supplemental Security Income (SSI) benefits, available on its Web 
site, SSA devotes over half the document to detailing the steps 
participants should take if they wish to either appeal or request a 
waiver. For SSI benefits, SSA will withhold 10 percent of the maximum 
federal benefit rate each month,[Footnote 35] but the beneficiary can 
request a lesser withholding amount, subject to SSA approval. Further, 
if the beneficiary disagrees with the overpayment, he or she can appeal 
or request that collection be waived.[Footnote 36] 

Similarly, OPM's policy guidance on overpayments of retirement benefits 
devotes over half the document to the subject of waivers. Under law, 
OPM is directed not to recover overpayments when the beneficiary bears 
no responsibility for the overpayment and requiring repayment would be 
"against equity and good conscience."[Footnote 37] In deciding whether 
to grant a waiver, errors or delays by OPM may be considered, along 
with financial hardship or any other basis for equity that OPM deems 
appropriate. Just the last 7 pages of this 34-page policy guide are 
devoted to policies on collections. These policies call for 
overpayments of federal employee retirement benefits to be collected in 
one lump sum, whenever feasible. If one lump-sum payment is not 
feasible and recoupment is by installment, the payments are to be 
sufficient in size and frequency to recoup the debt in no more than 3 
years. The standard rate of collection is 10 percent of the net monthly 
annuity or $50 per month, whichever is higher; but if a 10 percent 
reduction will not result in full recoupment within 3 years, the 
reduction rate can be increased up to 50 percent.[Footnote 38] 

PBGC's Initial Communications Drew Praise, but Later Communications 
Were Sometimes Found Lacking: 

PBGC's initial communications with participants shortly following 
termination--especially its on-site information sessions--generally 
drew praise from the pension advocacy groups and union representatives 
we interviewed. These groups' concerns with PBGC's communication 
efforts most often focused on the long gaps between contacts when the 
benefit determination process was lengthy and the complicated 
calculations that accompanied letters notifying participants of 
significant benefit reductions. 

PBGC's Initial Notification and On-Site Information Sessions Generally 
Drew Praise: 

PBGC's first communication with participants is generally a letter 
informing them that their pension plan has been terminated and that 
PBGC has become the plan trustee.[Footnote 39] Shortly thereafter, this 
letter is generally followed by a more detailed letter with a packet of 
materials, including a DVD with an introduction to PBGC and frequently- 
asked questions about how the benefit determination process works. PBGC 
officials refer to this as a "welcome" package. Additionally, for large 
plans likely to have many participants affected by the guarantee 
limits, PBGC will hold on-site information sessions shortly after plan 
termination. PBGC also operates a customer service center with a toll- 
free number that participants can call if they have questions, provides 
a Web site for workers and retirees with detailed information about 
plans and benefits, and sends participants a newsletter with 
information about PBGC once or twice per year.[Footnote 40] 

Nearly all pension advocacy groups and union representatives we spoke 
with[Footnote 41] praised PBGC's efforts to hold information sessions 
with the larger plans. One union representative commended PBGC staff 
for going out into the field to talk with participants and answer 
questions even though participants are going to be angry. Other union 
representatives commented that they have been impressed by PBGC's staff 
for staying at these sessions until they have answered every 
participant's questions. While these sessions are generally viewed as 
helpful, some pension rights advocates noted that the information 
presented is difficult for participants to understand, and may not have 
the same meaning when talked about in generalities as when they later 
receive notices concerning their specific benefits. Also, since not 
everyone may attend these events, these advocates believe it is 
important for all the information presented at the sessions to be 
provided through written communication as well. 

PBGC's customer service center and Web site received mixed reactions 
from the pension rights advocates and union representatives we 
interviewed. A few noted that some of their members reported receiving 
good service from the toll-free number while others found the service 
frustrating or useless. One union representative said that the center's 
staff use PBGC terminology, which may be different from the plan and 
benefit language that is familiar to their members. However, other 
groups we spoke with were generally more positive regarding their own 
direct communications with PBGC staff, describing PBGC staff as 
forthcoming and responsive to their inquiries. Similarly, the groups we 
interviewed generally found the information on PBGC's Web site useful, 
but they expressed doubt that this would be the case for most of their 
members. They noted that many people whose plans are taken over by PBGC 
are not accustomed to using a computer or do not have access to the 
internet, and that some do not feel comfortable relying on information 
they find on a Web site. 

Long Gaps in Communication until Completion of the Process Raised Some 
Concerns: 

Following the initial contacts, PBGC generally does not communicate 
with participants again until the benefit determination process is 
complete, which in some cases can stretch into years.[Footnote 42] 
Among the participants' files we examined when the benefit 
determination process took 4 or more years, we found that there often 
was no contact from PBGC for most of this time. For example, we 
examined the files of five randomly selected Bethlehem Steel 
participants whose benefit determinations were still pending as of 
February 2009,[Footnote 43] and found that--aside from one instance of 
an acknowledgment of a form submitted by one participant--PBGC had not 
communicated with these participants for more than 5 years. The last 
PBGC-initiated communications were dated late 2003 or early 2004. 

Some of the pension advocacy groups and union representatives we spoke 
with said that these long periods without communication are problematic 
for participants for several reasons. For example, retirees whose 
benefits are subject to the guarantee limits but who continue to 
receive their higher plan-level benefits for long periods of time may 
come to expect that these higher amounts are permanent, and then they 
are surprised when--years later--their benefits are suddenly reduced. 
Even for participants who are not yet receiving benefits, the lack of 
communication about the likely amount of their final benefits makes it 
difficult to plan for retirement. Some groups noted that PBGC does not 
always provide realistic time frames for completing the benefit 
determination process, and does not periodically update participants on 
the status of benefit processing. Two groups suggested it would be 
helpful if PBGC provided updates at least every 6 months. 

Complicated Benefit Calculations Are Not Adequately Explained: 

When participants are notified of a payment amount--whether estimated 
or final--PBGC's letters generally provide only limited explanations 
for why the amount may be different from the amount provided under 
their plan. In complex plans, when benefit calculations are 
complicated, the letters do not adequately explain why benefits are 
being reduced, and although benefit statements are generally attached, 
the logic and math involved can be difficult even for pension experts. 

The standard language used in these letters to explain a different 
estimated amount states: "We have adjusted the amount of your benefit 
because there are legal limits on how much we can pay." The standard 
language used to explain a different final benefit amount states: "Your 
final monthly benefit of [amount] is the amount that the PBGC is 
legally allowed to pay you. It was calculated by determining the 
benefit you are entitled to in your plan and then applying the limits 
spelled out in federal pension law." These letters generally provide no 
specific information about which limits apply or why. However, enclosed 
with each benefit letter is a detailed attachment that shows the line- 
by-line calculations leading to the benefit amount, referred to as a 
"benefit statement." In the participant files we reviewed, these 
benefit statements ranged in length from 2 to 8 pages, and were very 
difficult to understand. In some cases, there were as many as 20 to 30 
different line items that required making comparisons between the items 
to understand the logic of the calculations. (See sample letter 
provided in appendix VII.) 

Some pension advocates and union representatives we spoke with said 
that they found the explanations in these letters to be too vague and 
generic, and that the letters did not provide enough information 
specific to the individual's circumstances to be helpful. This was 
especially true in cases where participants were shocked or confused by 
a large benefit reduction. Moreover, some said they did not think most 
participants would be able to understand the accompanying benefit 
statements without additional information and assistance--especially 
for complex cases, according to one advocate. At the same time, they 
were generally sympathetic to the difficulty of communicating such 
complicated information. As one advocate acknowledged, for the letters 
to be accurate, they have to be complicated; this may just be "the 
nature of the beast." Nevertheless, they said that PBGC could take some 
steps to improve the letters. For example, for those likely to incur 
overpayments, they suggested providing an example of how the recoupment 
process works. For those with complex benefit statements, they 
suggested that PBGC provide more text to help explain each step of the 
calculations, and include referrals to pension rights groups for 
obtaining additional information and assistance. 

In addition, we found a number of errors in the correspondence with 
participants, although we reviewed only a small sample of letters for 
participants in certain complex plans. For example, we found a number 
of cases with corrected benefit determination letters and other 
correspondence that had been sent to rectify various errors, such as 
the failure to account for overpayments, or inaccurate end dates for 
recoupment. We also identified some errors in the payment amounts or 
other information in the letters that we brought to PBGC's attention to 
be corrected.[Footnote 44] 

PBGC has developed more than 500 letter formats--in both English and 
Spanish--to address the myriad of situations that may arise in the 
benefit determination process. Nevertheless, PBGC officials 
acknowledged that their standard letter formats may not always meet the 
needs of participants, especially those in complex plans, and they 
recently undertook a project to review and update their letters to try 
to better meet participant needs. 

According to PBGC officials, in September 2008, they began rolling out 
about 50 different versions of key letters to fit different 
circumstances. They also noted that the amount of detail and length of 
the benefit statements has varied over time--sometimes longer, 
sometimes shorter. Most recently, they have tended toward longer. They 
commented, however, that they are not sure it makes a difference either 
way, because for the most part, participants react to the benefit 
amount, not to the steps PBGC has used to arrive at the amount. 
Finally, they also noted that while the benefit amounts in the letters 
are verified by actuaries, the letters are prepared manually by Field 
Benefit Administration staff, using the standard formats, and until 
recently, these letters were not reviewed. Beginning in early 2009, 
however, plan analysts have started to review the letters before 
mailing. 

Restructured Appeals Process Resolves Requests More Efficiently but Key 
Information Is Not Readily Provided: 

Since streamlining its appeals process in 2003, PBGC has responded more 
quickly to correspondence sent to its Appeals Division (see figure 12). 
It has reduced the average amount of time to decide an appeal by almost 
a year and has cut the average amount of time needed to resolve all 
appeals-related inquiries in half. At the same time, most appeals 
docketed since 2003 have not resulted in appellants receiving higher 
benefit amounts. A lack of understanding on the part of participants 
about how their benefits are calculated may contribute to unnecessary 
appeals. 

Figure 12: PBGC's Appeals Process: 

[Refer to PDF for image: illustration] 

Incoming correspondence: 
Within 45 days of receiving a final benefit determination, participants 
may appeal to PBGC’s Appeals Board or request additional time to file 
an appeal.[A] PBGC acknowledges the receipt of incoming correspondence 
with a letter and decides if it should be docketed as an appeal based 
on whether the correspondence raises a question about how the plan was 
interpreted, how the law was interpreted, or the practices of the 
plan’s sponsor. 

Docketed as Appeal: 
The appeal is assigned to a member of PBGC’s board of appeals and an 
analyst, who review information on the case. The board member 
determines whether there is a precedent-setting legal issue involved. 

Board Decision (if legal issue involved): 
Three of the five board members discuss and vote on any precedent-
setting cases. 

Board Member Decision (if legal issue not involved): 
Board members make independent decisions on cases that are not 
precedent-setting. 

Appeals Closed: 
Once a decision is made, affected parties are notified. If the decision 
results in a change in the benefit determination, the Benefits 
Administration and Payment Department is notified. 

Change in Benefit Determination: 
As a result of an appeal decision or because of new information 
received, PBGC’s Benefits Administration and Payment Department may 
calculate a new benefit amount for any affected parties. 

Incoming correspondence Not Docketed as Appeal: 
PBGC officials categorize correspondence that is not docketed as an 
appeal. 

Treated as extension request: 
PBGC grants the appellant an additional 45 days to submit an appeal. 

Referred internally: 
Correspondence may be referred to the Benefits Administration and 
Payment Department or to the Appeals Division. 

Other: 
Some correspondence may not require a response. 

Source: GAO analysis of PBGC documents. 

[A] If an appeal is filed, PBGC's benefit determination will not take 
effect until the Appeals Board issues a decision; in the meantime, PBGC 
continues to pay retirees benefits at the estimated level. 

[End of figure] 

Triage Approach Has Streamlined Appeals Process: 

PBGC's appeals process was restructured in 2003 to create a triage 
system that makes more efficient use of agency resources and resolves 
cases more quickly. Previously, PBGC treated nearly every 
correspondence sent to its Appeals Division as an appeal. The agency 
now evaluates correspondence to determine if it raises a question about 
how the plan was interpreted, how the law was interpreted, or the 
practices of the plan's sponsor and dockets correspondence as an appeal 
if it meets these criteria based on regulations.[Footnote 45] In 
analyzing appeals correspondence associated with plans trusteed by PBGC 
from fiscal year 2000 to fiscal year 2008, we found that since 2003, 
PBGC docketed as an appeal less than one-third of the correspondence 
received by the Appeals Division (see figure 13). Correspondence 
concerning corrections to personal data, such as a participant's date 
of hire or length of service, is now directed to PBGC's Benefits 
Administration and Payment Department (Benefits Department) so that a 
corrected benefit determination can be issued more expeditiously. 
Additionally, in instances where a potential appellant requests a more 
detailed explanation of his or her benefit determination, the Benefits 
Department can quickly provide a detailed explanation based on its 
familiarity with the benefit calculation and relevant participant data. 
Further, under this triage approach, the Appeals Board staff, rather 
than the Appeals Board, responds to appeals received before a benefit 
determination has been issued or to claims that PBGC's recovery of 
overpayments create a financial hardship and should be waived. 

Figure 13: Actions Taken on Correspondence Associated with Plans 
Trusteed during Fiscal Years 2000-2008: 

[Refer to PDF for image: two pie-charts] 

Correspondence received prior to Fiscal Year 2003: 
Docketed as appeal: 90.2%; 
Treated as an extension request: 9.8%. 

Correspondence received Fiscal Years 2003-2009: 
Referred to the Appeals Division[A]: 12.4%; 
Other[B]: 16.4%; 
Treated as an extension request: 16.4%; 
Referred to the Benefits Administration and Payment Division[C]: 25.7%; 
Docketed as appeal: 29.0%. 

Source: GAO analysis of PBGC data on participants in plans terminated 
and trusteed during fiscal years 2000 through 2008. 

Note: Data reflect multiple correspondences associated with individual 
cases. 

[A] Referrals to the Appeals Division include appeals that are filed 
too early or requests to have PBGC's recovery of overpayments waived. 

[B] Other includes correspondence that requires no action or is sent in 
response to a PBGC request, as well as Freedom of Information Act 
requests. 

[C] Referrals to the Benefits Administration and Payment Division 
include corrections to personal information and requests for benefit 
explanations. 

[End of figure] 

Since streamlining the appeals process, PBGC has reduced its response 
time for appeals and other appeals-related inquiries without increasing 
the size of its appeals staff. According to agency data, PBGC reduced 
its average time for closing docketed appeals from 2.3 years to 1.4 
years since implementing this triage approach. In fact, since fiscal 
year 2005, PBGC has averaged a response time of less than 10 months 
(see figure 14). PBGC has also reduced the average age of pending 
appeals from about 2 years to less than 9 months, since implementing 
its triage approach. We also found, on examining the 14,545 appeals-
related correspondences associated with plans trusteed from fiscal year 
2000 to fiscal year 2008, that PBGC responded to all correspondence in 
an average of less than 4 months after 2002 (fiscal years 2003 through 
2009), as compared to an average of about 8 months prior to 2003 
(fiscal years 2000 through fiscal year 2002). However, there were also 
852 cases of correspondence which had been pending for an average of 
nearly 7 months, as of April 2009. 

Figure 14: Average Age of Closed and Pending Appeals, by Fiscal Year: 

[Refer to PDF for image: vertical bar graph] 

Fiscal year: 2000; 
Average age, closed appeals: 1.9 years; 
Average age, pending appeals: 1.9 years. 

Fiscal year: 2001; 
Average age, closed appeals: 2.3 years; 
Average age, pending appeals: 2.1 years. 

Fiscal year: 2002; 
Average age, closed appeals: 2.8 years; 
Average age, pending appeals: 1.9 years. 

Fiscal year: 2003; 
Average age, closed appeals: 2 years; 
Average age, pending appeals: 1.7 years. 

Fiscal year: 2004; 
Average age, closed appeals: 1.4 years; 
Average age, pending appeals: 0.8 years. 

Fiscal year: 2005; 
Average age, closed appeals: 0.7 years; 
Average age, pending appeals: 0.5 years. 

Fiscal year: 2006; 
Average age, closed appeals: 0.8 years; 
Average age, pending appeals: 0.7 years. 

Fiscal year: 2007; 
Average age, closed appeals: 0.9 years; 
Average age, pending appeals: 0.5 years. 

Fiscal year: 2008; 
Average age, closed appeals: 0.8 years; 
Average age, pending appeals: 0.5 years. 

Source: GAO analysis of PBGC data on participants in plans terminated 
and trusteed during fiscal years 2000 through 2008. 

Note: Data provide a snapshot of the average age of closed and pending 
appeals at the end of each fiscal year. 

[End of figure] 

The procedural requirements of the appeals process do not appear to 
present barriers to appellants. Appellants are to provide a specific 
reason for their appeals and submit them within 45 days of their 
benefit determinations.[Footnote 46] Of the 3,637 closed appeals we 
examined, only 37 were closed because the appellant did not conform to 
a procedural requirement.[Footnote 47] Additionally, PBGC readily 
grants extensions. Within the correspondence we examined, PBGC granted 
2,371 extension requests during fiscal years 2000 through 2008. 

Most Appeals Have Not Resulted in Higher Benefit Amounts for 
Appellants: 

More than 80 percent of appeals resulted in appellants receiving no 
increase in their benefit amounts. Of the 4,337 correspondences that 
were docketed as appeals since the beginning of fiscal year 2003, 3,637 
had been decided as of April 2009. In most of these cases, the appeal 
decision resulted in no change to the participant's benefit 
determination amount (see figure 15). However, appellants received a 
higher benefit amount in 18 percent of the cases.[Footnote 48] For 
example, in one of the successful appeals, a Bethlehem Steel 
participant submitted copies of his medical records with his appeal, 
convincing the Appeals Board that he was eligible to receive a 
"permanent incapacity" benefit. In another case, a participant in the 
US Airways Inc. (pilots) plan had US Airways Inc. furnish documentation 
to PBGC that his date of hire had been adjusted as the result of a 
lawsuit, and with this new date of hire, PBGC considered the 
participant vested. 

Figure 15: Outcome of Appeals since Restructuring: 

[Refer to PDF for image: pie-chart] 

No effect on benefit determination: 81.0%; 
More favorable outcome than benefit determination: 18.5%; 
Less favorable outcome than benefit determination: 0.5%. 

Source: GAO analysis of agency data on participants in plans terminated 
and trusteed during fiscal year 2003 to fiscal year 2008 with a closed 
appeal. There were 700 appeals that had not yet been closed, as of 
April 2009. 

[End of figure] 

In cases with no change in the participant's benefit determination 
amount, the amount of overpayment can grow significantly during an 
appeal. While cases are appealed, PBGC typically places a hold on any 
change in benefit until the appeal is resolved. Thus, in cases where 
the benefit determination amount is less than the estimated amount, the 
participant may continue to receive the higher estimated amount during 
an appeal. If the lower amount is ultimately upheld, we found that 
these continued higher payments could add significantly to the amount 
of the participant's overpayment--more than $10,000 in some cases. 

PBGC Does Not Readily Provide Key Information that Could Help Avoid 
Unnecessary Appeals: 

Although some appellants have successfully used the appeals process to 
increase their benefits, PBGC is not readily providing key information 
that would be helpful to participants in deciding whether or not to 
pursue an appeal. For example, the information PBGC provides on how it 
arrives at its benefit calculations can be difficult for potential 
appellants to understand. Plan provisions and guarantee limitations are 
often complicated, and it may be difficult for the average individual 
to interpret PBGC's benefit calculations, especially for complex plans. 
Based on Appeals Board findings, it appears that participants sometimes 
file appeals because they do not understand how the guarantee 
limitations affect their benefits. For example, the Appeals Board 
denied one Weirton Steel participant's appeal by explaining that the 
participant's estimated benefit included a temporary supplement that, 
ultimately, was not payable due to the accrued-at-normal limitation. In 
another case, the Appeals Board concluded that an Outboard Marine 
participant simply did not understand PBGC's benefit statement and 
explained the accrued-at-normal, maximum, and phase-in limitations, 
while denying the participant's appeal. 

Even pension counselors and union representatives, who are 
knowledgeable about pensions and have experience filing appeals with 
PBGC, had difficulty understanding the materials provided to 
participants about their benefits . Several of the pension counselors 
and union representatives we interviewed told us that they have 
established contacts at PBGC who help them understand benefit 
determinations in appeals cases, and they, in turn, help convey this 
information to the participants they serve. Some have even held three- 
way calls with PBGC's customer service center and participants, so that 
they can help participants understand the information provided by PBGC. 
Additionally, representatives from the pension counseling centers we 
spoke with have actuarial support they consult for help interpreting 
complicated benefit calculations.[Footnote 49] In some cases, by 
assisting participants in understanding their benefit calculations 
better, pension counselors told us they can also help participants 
avoid unnecessary appeals. 

Some of those we interviewed also told us that a complete understanding 
of a participant's benefit determination--which is important for an 
effective appeal--cannot be obtained from a benefit determination 
letter alone. Several of these pension counselors and union 
representatives commented that they routinely file Freedom of 
Information Act[Footnote 50] requests, on a participant's behalf, to 
obtain more information about a participant's case from PBGC when 
preparing an appeal because there is not sufficient information in the 
benefit determination letter. Although PBGC provides a guide on how to 
use these requests on its Web site, PBGC's communications materials 
about the appeals process do not provide a description of how 
individuals can gain access to PBGC's full benefit calculation records 
through a Freedom of Information Act request. 

Conclusions: 

The current economic downturn has already brought a new influx of 
pension plan terminations to PBGC, and more are expected to follow. 
While our findings reveal a reasonably good record of processing 
beneficiary cases and assuming responsibility for the payment of 
benefits since 2000, the loss of jobs at this time, as well as the 
impending retirement of the baby boom generation, leave little room for 
anything short of high performance. This means acting as quickly and as 
efficiently as possible to value and allocate plan assets; to expedite 
the calculation of estimated benefits to reflect guarantee limits, as 
well as final benefit amounts; and to keep plan participants well- 
informed throughout the benefit determination process. Workers and 
retirees in terminated plans who stand to lose as much as one-half or 
more of their long-anticipated retirement income will likely have to 
make painful financial adjustments, and due consideration in helping to 
ease that pain is warranted. 

The calculation of benefits according to complicated provisions that 
vary by plan is a challenging task. It becomes more so with the delays 
that can occur in valuing the assets of large and complex plans and 
determining how those assets are to be allocated among different 
groups. However, the likelihood of lengthy processing for some plans is 
not unpredictable, and while PBGC has taken steps to expedite the 
processing of small and simpler plans, its approach to large and 
complex plans appears less than strategic. The hope of freeing up staff 
to handle complex plans by processing others more quickly will probably 
not be sufficient by itself for tackling difficult plans in the near 
future. Absent a calculated effort to anticipate and plan for such 
terminations, the heretofore modest number of beneficiaries caught in a 
protracted process could, indeed, grow in the next few years. 

While overpayments to those already in retirement have been infrequent, 
delays clearly exacerbate them. Moreover, the failure to communicate 
more often and clearly with participants awaiting a final determination 
can be disconcerting--especially when they receive the news that their 
final determination is "surprisingly" less than they anticipated, or 
when retirees learn that the estimated interim benefit they had been 
receiving was too high and that they owe money. PBGC's long recoupment 
period--which can be even further elongated by an appeal--may be a 
consolation to such retirees; however, the agency itself stands to lose 
considerable sums under this policy. This is another peril for an 
agency that may well be dealing with an increasing number of plan 
failures. Clearer and more frequent communication with plan 
participants, including quicker and responsible adjustments to 
estimated benefits, more information about how their benefits are 
calculated, and where to find help if they wish to appeal, would better 
manage expectations, help people plan for their future, avoid 
unnecessary appeals, and earn good will in a trying time for all. 

Recommendations: 

To improve PBGC's benefit determination process, a more strategic 
approach is needed to prepare for and manage the calculation of benefit 
amounts and communications with participants in cases involving large, 
complex plans. Specifically, we recommend that: 

* PBGC should set goals for timeliness and monitor the progress made in 
finalizing benefit determinations for large, complex plans separately 
from other plans. 

* To reduce the number and size of overpayments in large, complex 
plans, PBGC should prioritize the calculation of estimated benefits for 
retirees subject to the guarantee limits and adjust estimates, as 
needed, throughout the benefit determination process. To reduce 
increased overpayments due to appeals, PBGC should prioritize the 
processing of appeals for those already receiving benefits and should 
consider implementing the final benefit determination for retirees 
during the appeals process. 

* PBGC should develop improved procedures for adapting and reviewing 
letters to participants in large, complex plans, such as by (1) 
providing more specific information in letters to participants who 
receive benefit reductions describing which limits were applied and 
why; (2) ensuring all letters to participants involving benefit 
reductions are reviewed for accuracy and coherence before being sent; 
and (3) establishing processes to more frequently communicate with 
participants who are experiencing delays in receiving final benefits 
determinations. 

* PBGC should provide information or resources to help participants in 
large, complex plans better understand their benefit calculations and 
also to avoid any unnecessary appeals. Specifically, PBGC's benefit 
determination letters should provide information, such as how 
participants can obtain additional information by using the Freedom of 
Information Act or other resources. 

Agency Comments and Our Evaluation: 

We obtained written comments on a draft of this report from PBGC's 
acting director, which are reproduced in appendix VIII. PBGC also 
provided technical comments, which are incorporated into the report 
where appropriate. In addition, we provided copies of the draft report 
to the Departments of Commerce, Labor, and Treasury. 

In response to our draft report, PBGC generally concurred with our 
recommendations and outlined actions the agency has under way or plans 
to take in order to address each topic of concern. With respect to the 
first recommendation, PBGC agreed and noted that the agency has started 
to implement steps for tracking and monitoring tasks associated with 
processing large, complex plans. While we are pleased to learn of these 
steps being initiated, we would like to emphasize the importance of 
setting goals for processing large, complex plans and reporting 
progress toward meeting those goals separately from other plans. With 
respect to the second recommendation, PBGC agreed and commented that it 
generally already identifies and prioritizes cases where adjustments to 
estimated benefits are likely, but will continue to look for ways to 
improve its processes. Moreover, despite possible legal concerns with 
implementing final benefit determinations prior to completion of the 
appeals process, the agency is willing to explore options for making 
earlier benefit adjustments, when appropriate. With respect to the 
third recommendation, PBGC agreed and noted that the agency is revising 
the guidelines for its benefit statements to better communicate the 
complexities of PBGC benefits and to better manage expectations of plan 
participants. The comments state that the agency will evaluate and make 
necessary modifications to its letter review process, as well as 
examine ways to more frequently and clearly communicate with 
participants experiencing delays in receiving final benefit 
determinations. Finally, with respect to the fourth recommendation, 
PBGC agreed to amend its appeals brochure to include information about 
accessing records through Freedom of Information Act requests. 

As agreed with your staff, unless you publicly announce its contents 
earlier, we plan no further distribution of this report until 30 days 
after its issue date. At that time, we will send copies of this report 
to the Acting Director of PBGC, the Secretary of Labor, the Secretary 
of the Treasury, and other interested parties. In addition, the report 
will be available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. If you or your staff have any questions concerning 
this report, please contact me at (202) 512-7215 or bovbjergb@gao.gov. 
Contact points for our Offices of Congressional Relations and Public 
Affairs may be found on the last page of this report. GAO staff who 
made key contributions to this report are listed in appendix IX. 

Signed by: 

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

List of Requesters: 

The Honorable Max Baucus: 
Chairman: 
The Honorable Charles E. Grassley: 
Ranking Member: 
Committee on Finance: 
United States Senate: 

The Honorable Edward M. Kennedy: 
Chairman: 
The Honorable Michael B. Enzi: 
Ranking Member: 
Committee on Health, Education, Labor, and Pensions: 
United States Senate: 

The Honorable Barbara A. Mikulski: 
Chairman: 
The Honorable Richard Burr: 
Ranking Member: 
Subcommittee on Retirement and Aging: 
Committee on Health, Education, Labor, and Pensions: 
United States Senate: 

The Honorable Evan Bayh: 
The Honorable Sherrod Brown: 
The Honorable Robert P. Casey, Jr. 
The Honorable Richard J. Durbin: 
The Honorable Arlen Specter: 
United States Senate: 

[End of section] 

Appendix I: Scope and Methodology for Analysis of Automated and Imaged 
Data: 

To assess the timeliness and results of the Pension Benefit Guaranty 
Corporation's (PBGC) benefit determination process, we obtained 
automated data from PBGC on all plans terminated and trusteed during 
fiscal years 2000 through 2008, as well as data for all individuals 
associated with those plans. Three different data sets were provided: 
(1) a plan level data set, (2) an individual level data set with 
benefit data, and (3) an individual level data set with appeals data. 

The plan level data set, including 1,089 plans total, was comprised of 
three component groups: 

* Group A - plans for which the valuation of assets and liabilities had 
been completed, as of February 2009 (909 plans). 

* Group B - plans for which the valuation of assets and liabilities had 
not been completed, as of February 2009 (83 plans). When actual values 
were not yet available, estimated values for assets and/or liabilities 
were provided. The participant count for these plans was based on 
audited data. 

* Group C - plans for which the valuation of assets and liabilities was 
not completed, as of February 2009 (97 plans). Estimated values for 
assets and/or liabilities were only available for some plans. The 
participant count for these plans was based on preliminary data. 

We analyzed the plan level data to determine the length of time it 
takes PBGC to complete the valuation of a plan's assets and 
liabilities, on average. We also analyzed the plan level data to 
identify various plan characteristics, such as the fiscal year when 
trusteed by PBGC and the extent to which participants' benefits are 
affected by legal guarantee limits. PBGC does not systematically track 
the number of participants affected by one or more of the three types 
of guaranteed benefit limits specified under the Employee Retirement 
Income Security Act of 1974 (ERISA) and related regulations--which 
include maximum, phase-in, and accrued-at-normal limits--or how much 
these limits affect participants' benefit amounts. However, PBGC does 
systematically track each plan's total benefit liabilities and the 
amount PBGC owes, taking into account the guarantee limits. The 
difference between these two amounts (referred to as the amount of 
"unfunded nonguaranteed benefits") provides an indicator of the 
magnitude of the impact of guarantee limits on participants within each 
plan. If the amounts are the same, it means that no participants had 
benefits reduced due to these limits. If total liabilities are greater, 
it means that at least one participant had benefits reduced due to 
these limits. 

The individual level data set, with benefit data as of February 2009, 
included 1,487,679 individuals associated with 1,057,272 primary 
participants (the person who had earned the pension). The most common 
reasons for multiple individuals per case were situations where a 
portion of the pension was to be shared between the primary participant 
and another individual with a qualified domestic relations order 
(referred to in the data set as an "alternate payee"), or situations 
where a primary participant had died and the pension was being paid to 
a beneficiary. In our analyses, we aggregated the data so that the 
characterization of each case reflected the data for the primary 
participant, as well as all other individuals associated with that 
primary participant, as appropriate for the data element being 
analyzed. 

We analyzed the individual level data on benefits, by case, to 
determine the length of time it takes PBGC to make benefit 
determinations and the extent to which overpayments affect retirees' 
benefits. To assess the time required for processing, we began by 
identifying all those participants whose benefit determinations had 
been completed. We then examined the length of time between the date 
the participant's plan was trusteed and the date PBGC first issued a 
final benefit determination letter to the participant. (Subsequent 
benefit determination letters are sometimes issued when corrections are 
needed or when a participant successfully appeals.) For participants 
whose benefit determinations were still pending, we calculated the 
length of time between the plan's trusteeship and February 18, 2009, 
when these data were provided, to determine how long the determinations 
had been awaiting completion. We also analyzed the length of time to 
process benefit determinations by participants' retirement status at 
the time the plan terminated. 

To determine the proportion of participants possibly affected by 
overpayments, we first identified all those who had received estimated 
benefits and then compared the earliest available estimated benefit 
amount with the final benefit amount, by case, tabulating whether the 
difference was positive (indicating a likely overpayment) or negative 
(indicating a likely underpayment). Because estimated benefit amounts 
may be adjusted over time, and because the records on estimated 
benefits had sometimes been overwritten or deleted, we were not able to 
use these data to determine with certainty whether or not an 
overpayment or underpayment had been incurred, or the amounts involved. 
Instead, to assess the amount of overpayments incurred and the effect 
of repaying these debts on participants' benefits, we analyzed the data 
on recoupments. First, we identified all those who were listed as 
having amounts recouped to date, by case. We then used the available 
data on projected benefit reductions, which included the amount of 
monthly reduction and the start date and end date for that reduction 
amount (sometimes involving up to four different reduction amounts) to 
calculate the amounts yet to be recouped. We determined the total 
amount of the overpayments, by case, by combining the data PBGC 
provided on amounts recouped to date with our calculation of amounts 
yet to be recouped. 

Based on a review of selected records in PBGC's image processing system 
for cases with the largest overpayments, it appears that these data are 
reliable for identifying whether a case has an overpayment, but not as 
reliable for determining the total amount of overpayments. We were able 
to verify that the participant with the largest overpayment, according 
to our analysis of these data, was correct: an LTV participant with an 
overpayment of about $152,000. Also, we found that the amounts 
calculated using these data were very close (within 2 percent) of the 
overpayment amounts in the records for 15 of the 24 cases reviewed-- 
differences small enough to be explained by rounding. However, in the 
remaining 9 cases, the amounts calculated varied significantly from 
those in the records--some greater, some less. We investigated the 3 
most egregious differences and found that all 3 were due to data entry 
errors in the PBGC data set. In 2 cases, PBGC officials told us that 
the end date for recoupment had been entered as 12/1/2099 by default, 
which was not correct. They said that they would implement a system fix 
to prevent inappropriate use of this default in the future. In the 
third case, we found that the monthly payment amount had been 
inadvertently entered as the monthly reduction amount. None of these 
errors had resulted in inaccurate payments to participants, since all 
involved future recoupment amounts. However, it appears that the 
reliability of these data for calculating total overpayment amounts is 
limited. 

We also analyzed the individual level data, by case, to identify 
various case characteristics, aggregating the data together for all 
individuals associated with the same case. These characteristics 
included the final benefit amount (with and without any benefit 
reduction due to recoupment), and the projected age of the youngest 
individual at the end of recoupment for cases with overpayments greater 
than $10,000. 

We then combined the plan level data and individual level data, by 
case, to determine the number of individuals and cases associated with 
each plan, and identify those plans with the most cases that took 4 or 
more years to provide a final benefit determination, and the most cases 
with overpayments. We also used these data to generate lists of cases 
for more detailed reviews of documents in PBGC's image processing 
system and examine more closely the cases that took the longest to 
provide a benefit determination and that had the largest overpayments 
and benefit reductions. 

In addition to the automated data, PBGC maintains records that are 
individually scanned into an image processing system. The types of 
documents we reviewed in PBGC's image processing system included both 
plan documents and participant records. On the plan level, we reviewed 
documents for the plans most affected by guarantee limits, by delays in 
processing, and by overpayments (see appendix VI). For the 10 plans 
ranking highest in each of these categories, we typically reviewed the 
"actuarial case memo," which summarizes all the steps taken to obtain 
records and determine the value of assets and liabilities for each plan 
terminated and trusteed by PBGC. We then selected five of these plans 
for more detailed review of participant records in order to illustrate 
key trends identified in our analysis of the automated data. These five 
plans were: Bethlehem Steel, LTV Steel, RTI-United Steelworkers of 
America (USWA), US Airways, and Weirton Steel. For Bethlehem Steel, we 
randomly selected five participants from among those participants whose 
benefit determinations were still pending. For each of the other four 
plans, we randomly selected five participants from the lists of 
participants provided in the plans' actuarial memos. Then, for each of 
these participants, we typically reviewed all letters sent to the 
participant, all benefit calculation documents, and the internal 
correspondence among PBGC staff about the case. We reviewed the letters 
to participants only to determine if they accurately conveyed 
information documented elsewhere in the files. We did not attempt to 
verify PBGC calculations of benefit amounts. 

Finally, to assess the length of time it takes PBGC to provide a 
decision when a participant appeals, we examined PBGC data on the 
average time to close docketed appeals and the average age of pending 
appeals, by fiscal year, 2000 through 2008. We also analyzed the 14,545 
appeals-related correspondences associated with plans terminated and 
trusteed during fiscal years 2000 through 2008 so that we could make 
comparisons between PBGC's average response time, both before and after 
its restructuring of the appeals process. Data reflect multiple 
correspondences associated with individual cases. For correspondences 
that were pending, we calculated the amount of time between when PBGC 
received these correspondences and April 13, 2009, when we received 
these data. To describe PBGC's triaging system, which was implemented 
in fiscal year 2003, we analyzed PBGC's action taken code for each 
correspondence and aggregated these results into two groups: those 
correspondences received during fiscal years 2000 through 2002, and 
those received during fiscal years 2003 through 2008. Of the 4,337 
correspondences that were docketed as appeals, 3,495 had been decided 
as of April 2009. We then tabulated the data on the outcomes of closed 
appeals and the reasons why these appeals were closed, which were coded 
to indicate whether a change to the benefit amount occurred. 

[End of section] 

Appendix II: Organizations and Participants Contacted: 

Organizations: 

American Federation of Labor and Congress of Industrial Organizations 
(AFL-CIO) [hyperlink, http://www.aflcio.org] A voluntary federation of 
56 national and international labor unions, representing 11 million 
members in a variety of industries. 

Air Line Pilots Association [hyperlink, http://www.alpa.org] The 
largest airline pilot union in the world, representing nearly 54,000 
pilots at 36 U.S. and Canadian airlines. 

Association of Flight Attendants-Communications Workers of America 
[hyperlink, http://www.afanet.org] The world's largest flight attendant 
labor union, organized by flight attendants for flight attendants, 
representing over 55,000 flight attendants at 20 airlines. 

New England Pension Assistance Project [hyperlink, 
http://www.pensionaction.org/nepap.htm] One of the six regional 
projects funded by the Administration on Aging to provide free pension 
counseling services. Initially, the project served only Massachusetts 
residents, but in 1998, it expanded to help residents of the six-state 
New England region: Connecticut, Maine, Massachusetts, New Hampshire, 
Rhode Island, and Vermont. 

Ohio Pension Rights Center [hyperlink, 
http://www.proseniors.org/oh_pension.html] Part of one of the six 
regional projects funded by the Administration on Aging to provide free 
pension counseling services. The Ohio Pension Rights Center shares a 
grant with the Michigan Pension Rights Project and provides all types 
of pension assistance to people in Michigan, Ohio, Pennsylvania, 
Kentucky, and Tennessee. 

Pension Rights Center [hyperlink, http://www.pensionrights.org] 
Provides legal consultation and training to the six regional projects 
funded by the Administration on Aging to provide pension counseling 
services for individuals who need help in understanding and enforcing 
their pension and retirement savings plan rights. 

United Steelworkers[Footnote 51] [hyperlink, http://www.usw.org/] The 
largest industrial labor union in North America, representing 1.2 
million current and retired workers in industries that include primary 
and fabricated metals, mining, chemicals, paper, glass, rubber, 
transportation, utilities, container industries, pharmaceuticals, call 
centers, and health care. 

Participants: 

Members of the Reliance Group Holdings Inc. plan and the Reliance 
Insurance Company plan, which were among the plans most affected by 
long processing times. 

Members of the Republic Technologies International USWA and USS/KOBE 
plans, which were among the plans most affected by the guarantee 
limits, long processing times, and/or overpayments. 

Members of United Air Lines ground employees plan and pilots' plan. 

[End of section] 

Appendix III: The Process for Allocating Assets and Recoveries to 
Participant Benefits: 

Upon the termination of a single-employer plan, plan assets are 
identified, valued, and then allocated to participant benefits, in 
accordance with the provisions in ERISA, section 4044.[Footnote 52] In 
addition to plan assets, any monies from company assets that PBGC 
recovers for unfunded benefit liabilities are allocated to participant 
benefits, in accordance with the provisions in ERISA, section 4022(c). 
[Footnote 53] 

Section 4044--Allocation of Plan Assets: 

The amount of plan assets available to pay for participant benefits 
includes all plan assets remaining after the subtraction of all prior 
or current liabilities paid or payable from the plan. This amount 
includes the value of the collectible portion of any due and unpaid 
employer contributions.[Footnote 54] Liabilities include expenses, fees 
and other administrative costs, and benefit payments due before the 
allocation date. For plans terminated and trusteed by PBGC, assets are 
valued and the allocation determined based on liabilities as of the 
termination date.[Footnote 55] 

Plan assets available to pay for benefits under the plan are allocated 
to participant benefits according to six priority categories, as 
described in Table 3. Assets are allocated to each priority category in 
succession, beginning with priority category 1. If the plan has 
sufficient assets to pay for all benefits in a priority category, the 
remaining assets are allocated to the next lower priority category. 
This process is repeated until all benefits in priority categories 1 
through 6 have been provided or until all available plan assets have 
been allocated. Most private sector defined benefit plans do not 
require or allow participant contributions. Thus, in most trusteed 
plans, asset allocation begins with the benefits in priority category 
3, that is, the benefits of those retired or eligible to retire 3 years 
before the plan terminated. However, it should be noted that assets are 
allocated based on type of benefit, not retirement status, and that 
many participants have benefits in more than one category. 

Table 3: Priority Categories for Allocating Participant Benefits: 

Priority category 1: 
Accrued benefits derived from voluntary employee contributions. 
(According to PBGC, such benefits are "extremely rare" among private 
sector defined benefit plans.)[A] 

Priority category 2: 
Accrued benefits derived from voluntary employee contributions. 
(According to PBGC, such benefits are "extremely rare" among private 
sector defined benefit plans.) 

Priority category 3: 
Annuity benefits that have been in pay status for at least 3 years 
before the plan’s termination date, or could have been in pay status 
for at least 3 years before the plan’s termination date had the 
participant chosen to retire at his or her earliest possible retirement 
date; however, benefits subject to the phase-in limitation (that is, 
benefit increases made within the last 5 years) are excluded. These 
benefits can be either guaranteed or nonguaranteed. 

Priority category 4: 
Other guaranteed benefits, and certain nonguaranteed benefits.[B] 

Priority category 5: Other vested nonguaranteed benefits that a 
participant is entitled to under the plan; however, benefits that 
result solely due to the termination of the plan--which are deemed 
"forfeitable"--are excluded. 

Priority category 6: 
All other benefits under the plan. This category includes nonvested 
benefits and "grow-in" benefits, which are benefits that are provided 
in some situations where the company continues to operate after the 
plan is terminated. 

Source: GAO analysis of PBGC documents. 

[A] However, one PBGC official noted that in the General Motors 
salaried plan, employees have the option to make contributions, and 
that if PBGC were to take over the plan, this would add a great deal of 
complexity to the benefit determination process. 

[B] Specifically, the nonguaranteed benefits included in priority 
category 4 are those that are nonguaranteed because they are subject to 
the aggregate benefits limitation for participants in more than one 
plan that has been terminated with insufficient funds, or because they 
are subject to special provisions applicable to substantial owners 
(that is, those owning more than 10 percent of the company). 

[End of table] 

Except for priority category 5, which includes benefits subject to the 
phase-in limit, if the plan assets available for allocation to any 
priority category are insufficient to pay for all benefits in that 
priority category, those assets are distributed among the participants 
according to the ratio that the value of each participant's benefit or 
benefits in that priority category bears to the total value of all 
benefits in that priority category. If the plan assets available for 
allocation to priority category 5 are insufficient to pay for all 
benefits in that category, the assets are allocated by date of plan 
amendment, oldest to newest, until all plan assets available for 
allocation have been exhausted. Within each priority category, once the 
amount of assets to be allocated to each participant has been 
determined, assets are allocated first to the participant's "basic- 
type" benefits (which include benefits that are guaranteed by PBGC, or 
that would be guaranteed but for the maximum and phase-in limits), and 
then to the participant's "nonbasic-type" benefits (which include all 
other benefits). 

Plan assets are distributed according to the process described above 
until all have been allocated. Thus, to the extent plan assets are 
available for allocation under this scheme, some participants may have 
some or all their nonguaranteed benefits paid. For example, in the 
scenario illustrated in figure 16, sufficient plan assets are available 
to cover all priority category 3 guaranteed and nonguaranteed benefits, 
as well as a portion of priority category 4 guaranteed benefits. PBGC 
would then pay the remaining guaranteed benefits in priority category 
4, but all remaining benefits (that is, priority categories 5 and 6 
benefits, which are all nonguaranteed benefits), would not be paid, and 
participants would have their benefits reduced accordingly, unless 
there are recoveries of company assets that can be allocated to 
benefits, as discussed below. 

Figure 16: Example Scenario of Section 4044 Asset Allocation to 
Participants' Benefits: 

[Refer to PDF for image: vertical bar graph] 

Priority Category: PC-1; 
No data. 		 

Priority Category: PC-2; 
No data. 		 

Priority Category: PC-3; 
Guaranteed benefits: 60; 
Nonguaranteed benefits: 20; 
Portion of benefits paid for by plan assets: 80. 

Priority Category: PC-4; 
Guaranteed benefits: 70; 
Portion of benefits paid for by plan assets: 41. 

Priority Category: PC-5; 
Nonguaranteed benefits: 22. 

Priority Category: PC-6; 
Nonguaranteed benefits: 12. 

Source: Adapted from PBGC materials. 

[End of figure] 

Section 4022(c)--Allocation of Recovered Company Assets: 

Section 4022(c), added to ERISA in 1987,[Footnote 56] requires PBGC to 
share with participants a portion of its recoveries resulting from an 
employer liability claim against the plan sponsor and other liable 
parties, usually in bankruptcy. As a result, a portion of participants' 
losses of unfunded nonguaranteed benefits can be paid. Where a plan's 
unfunded nonguaranteed benefits exceed $20 million, the total amount 
paid under §4022(c) depends on PBGC's actual recoveries in that case. 
In all other cases, the amount paid is determined by an average of 
PBGC's recoveries over a 5-year period.[Footnote 57] 

PBGC allocates the participants' portion of the §4022(c) amount, as 
described above, to participants' unfunded nonguaranteed benefits using 
the same priority categories and procedures outlined above for the 
§4044 asset allocation process. The allocation begins with the highest 
priority category in which there are unfunded nonguaranteed benefits, 
and then to each lower priority category, in succession. If the plan 
§4022(c) amount to be allocated in a particular priority category is 
not sufficient to pay all the unfunded nonguaranteed benefits in that 
category, the amount will be allocated within the category as described 
above for the §4044 allocation process. As noted by one employee group 
we spoke with, it is more advantageous for participants for assets to 
be considered recoveries allocated under §4022(c) than plan assets 
allocated under §4044, because recoveries are shared between PBGC and 
participants. For example, to continue with the scenario introduced 
above, if company assets are recovered, some would be allocated to pay 
a portion of the guaranteed benefits in priority category 4 that PBGC 
would pay to participants regardless, and some would be allocated to 
pay a portion of priority category 5 nonguaranteed benefits that would 
not have been paid otherwise (see figure 17). 

Figure 17: Example Scenario of Section 4022(c) Recovery Allocation to 
Participants' Benefits: 

[Refer to PDF for image: vertical bar graph] 

Priority Category: PC-1; 
No data. 		 

Priority Category: PC-2; 
No data. 		 

Priority Category: PC-3; 
Guaranteed benefits: 60; 
Nonguaranteed benefits: 20; 
Portion of benefits paid for by plan assets: 80. 

Priority Category: PC-4; 
Guaranteed benefits: 70; 
Portion of benefits paid for by plan assets: 41; 
Portion of benefits paid for by recovered company assets: 6. 

Priority Category: PC-5; 
Nonguaranteed benefits: 22; 
Portion of benefits paid for by recovered company assets: 5. 

Priority Category: PC-6; 
Nonguaranteed benefits: 12. 

Source: Adapted from PBGC materials. 		 

[End of figure] 

To help illustrate this process, we gathered data from plan records 
about § 4044 and § 4022(c) asset allocation for 10 large, complex 
plans. The results are summarized in table 4. 

Table 4: Asset and Recovery Allocation among 10 Large, Complex Plans: 

Plan sponsor (name): LTV Steel Company Inc. (hourly plan); 
Results of §4044 asset allocation: 66.08% of PC3; 
Results of §4022(c) recovery allocation[A]: 100% of PC3 and 28.76% of 
one subgroup of PC5 (phase-in limit losses). 

Plan sponsor (name): LTV Steel Company Inc. (salary plan); 
Results of §4044 asset allocation: 65.38% of PC3; 
Results of §4022(c) recovery allocation[A]: 100% of PC3 (maximum limit 
losses) and 0.25% of PC5 (accrued-at-normal and phase-in limit losses). 

Plan sponsor (name): LTV Steel Mining Company, Inc.; 
Results of §4044 asset allocation: 100% of PC3; 
Results of §4022(c) recovery allocation[A]: 3.20% of PC5. 

Plan sponsor (name): National Steel Corporation (hourly plan); 
Results of §4044 asset allocation: 76.69% of PC3; 
Results of §4022(c) recovery allocation[A]: 0. 

Plan sponsor (name): Northwestern Steel & Wire (plan A); 
Results of §4044 asset allocation: 100% of PC3; 
Results of §4022(c) recovery allocation[A]: 0. 

Plan sponsor (name): Outboard Marine (employees' plan); 
Results of §4044 asset allocation: 100% of PC3 and 62.51% of PC4; 
Results of §4022(c) recovery allocation[A]: 9.21% of one subgroup of 
PC5 (phase-in limit losses). 

Plan sponsor (name): Republic Technologies International (USS/KOBE 
plan); 
Results of §4044 asset allocation: 85.63% of PC3; 
Results of §4022(c) recovery allocation[A]: 0. 

Plan sponsor (name): Republic Technologies International (USWA plan); 
Results of §4044 asset allocation: 100% of PC3; 
Results of §4022(c) recovery allocation[A]: 0. 

Plan sponsor (name): US Airways Inc. (pilots' plan); 
Results of §4044 asset allocation: 100% of PC3; 
Results of §4022(c) recovery allocation[A]: 0.19% of PC5. 

Plan sponsor (name): Weirton Steel; 
Results of §4044 asset allocation: 70.83% of PC3; 
Results of §4022(c) recovery allocation[A]: 0. 

Source: Based on PBGC data on selected large, complex plans from among 
those listed in appendix VI with completed financial valuations, as of 
February 2009. 

[A] The amount of assets allocated as recoveries under § 4022(c) is 
determined differently, depending on the amount of the plan's unfunded 
nonguaranteed benefits. If that amount exceeds $20 million, the total 
amount paid under § 4022(c) depends on PBGC's actual recoveries. For 
example, this was the case for both Northwestern Steel and RTI-USWA, 
and there were no recoveries to allocate. Alternatively, if the amount 
of unfunded nonguaranteed benefits is less than $20 million, the total 
amount paid under § 4022(c) depends on an average of PBGC's recoveries 
over a 5-year period (known as the SPARR calculation). For example, the 
SPARR calculation was used for both LTV Steel Mining and US Airways, 
and a small amount of assets were allocated to priority category 5 
benefits in each of these plans. 

[End of table] 

[End of section] 

Appendix IV: Limits on Guaranteed Benefits from a Participant's 
Perspective: 

The statutory and regulatory limits on guaranteed benefits can be 
difficult to understand for many participants. The following schematic 
distills the application of these limits into a series of questions, 
one for each type of limit: phase-in, accrued-at-normal, and maximum. 

Figure 18: Understanding the Limits on Guaranteed Benefits: 

[Refer to PDF for image: illustration] 

Is the full amount of your benefit guaranteed? 

1) Was your benefit increased in the last 5 years? 
No: Go to #2; 
Yes: 
Your benefit is not likely to be fully guaranteed due to the “phase-in” 
limit. The portion of a benefit increase that is guaranteed is reduced 
for each year it was not in effect during the last 5 years. 

2) Did you receive any supplemental benefits? 
No: Go to #3; 
Yes: 
Your benefit is not likely to be fully guaranteed due to the “accrued-
at-normal” limit. Supplemental benefits that exceed the retirement 
benefit provided at normal retirement age are not guaranteed. 

3) Is your benefit amount greater than the maximum set by law for your 
age at retirement and type of benefit? 
No: Go to #4; 
Yes: 
Your benefit is not likely to be fully guaranteed due to the “maximum 
guarantee” limit. The amount of guaranteed benefits is limited by an 
amount set by law, and is lower for those retiring before age 65 or 
with survivor benefit. 

4) Your benefit is likely to be fully guaranteed. 

Source: GAO analysis of ERISA, PBGC’s implementing regulations, and 
related documents. 

[End of figure] 

[End of section] 

Appendix V: Profiles of Three Large, Complex Plans: 

We selected three terminated pension plans to profile as examples of 
large, complex plans: Bethlehem Steel, RTI (USWA), and US Airways 
(pilots) (see appendix VI). All three were among the 10 plans most 
affected by the guarantee limits. In addition, both Bethlehem Steel and 
RTI (but not US Airways) were among the 10 plans most affected by 
processing delays and by overpayments.[Footnote 58] 

Table 5: Profile of a Bethlehem Steel Terminated Pension Plan: 

Plan sponsor: Bethlehem Steel Corporation. 

Plan name: Pension Plan of Bethlehem Steel Corporation: 

Date of plan termination: 12/18/2002. 

Date of trusteeship: 4/30/2003. 

Date plan valuation complete: Valuation not complete as of February 
2009. 

Number of individuals associated with the plan:151,991. 

Number of cases (primary participants):92,924. 

Total amount of unfunded nonguaranteed benefits: $537,500,000. 

Context for termination: 
In 2000, the principal activities of Bethlehem Steel were the 
production, manufacture, and sale of a wide variety of steel mill 
products, including hot rolled, cold rolled, and coated sheets; tin 
mill products; carbon and alloy plates; specialty booms; carbon and 
alloy bars; and large diameter pipe. Bethlehem Steel also had iron ore, 
lake shipping, railroad and trucking operations, but steel products 
accounted for 92 percent of its revenue in 2000. On October 15, 2001, 
Bethlehem Steel filed for bankruptcy under Chapter 11 of the U.S. 
Bankruptcy Code. The company entered into an agreement, which was 
ratified on April 22, 2003, that provided for the sale of substantially 
all of its assets to a third party. The company is no longer in 
operation. Over the years, the Bethlehem Steel plan was the product of 
a culmination of over 100 mergers, consolidations, and or spinoffs. At 
the date of the plan's termination, PBGC and the Milliman Actuaries 
identified 8 major component parts: Bethlehem Steel Corporation Steel, 
Bethlehem Steel Corporation Shipbuilding, Bethlehem Steel Corporation 
Railroad, 1976 Great Lakes Hourly, Bethlehem 1957 Hourly, Washington 
Steel Hourly 1998, Bethlehem Lukens Plate Hourly - 1998, and Lukens 
Salaried - 1998. Three of the components, the Bethlehem Steel 
Corporation Steel, the Bethlehem Steel Corporation Shipbuilding and the 
Bethlehem Steel Corporation Railroad, have separate hourly and salaried 
plans. 

Groups affected by guarantee limits: Data not available as of February 
2009. 

PBGC processing time (from trusteeship to issuance of benefit 
determination letters): 
* Number of cases taking 4 or more years (including cases pending as of 
February 2009): 25,619; 
Maximum: 5.8 years; 
Minimum: 7.6 months; 
Mean: 2.7 years; 
Median: 2.3 years. 

Overpayments (total amount, per case)[A]: 
* Estimated total amount of overpayments for plan: $11.1 million; 
Maximum: (N/A)[B]; 
Minimum: less than $1; 
Mean: about $4,400; 
Median: about $3,500. 

Recoupments (monthly benefit reduction due to recoupment, per 
individual): 
* Number of cases with recoupments: 2,487; 
Maximum: $660; 
Minimum: less than $1; 
Mean: $28; 
Median: $23. 

Appeals: 
Cases with appeals: 186; 
Appeals cases pending as of April 2009: 33; 
Appeals closed: 153; 
Closed appeals resulting in a higher benefit amount: 48; 
Closed appeals resulting in a lower benefit amount: 1; 
Closed appeals resulting in no change in benefits: 104. 

Source: GAO analysis of PBGC data and documents. 

[A] Data reliability issues prevented us from conducting a more 
definitive analysis of total overpayment amounts. For a more detailed 
discussion of these data limitations, see appendix I. 

[B] Amount of maximum overpayment for this case, based on calculations 
using data provided in PBGC's individual level data set: $58,903. 
Amount of overpayment for this case, verified in case records: $99,032. 
Discrepancy was due to a legal dispute between the participant and his 
ex-wife (who had a qualified domestic relations order) and appeals that 
were not yet resolved and entered into the system at the time we 
obtained our data set. 

[End of table] 

Table 6: Profile of a Republic Technologies International Terminated 
Pension Plan: 

Plan sponsor: Republic Technologies International (RTI). 

Plan name: Republic Technologies International LLC - USWA Defined 
Benefit Plan. 

Date of plan termination: 6/14/2002; 
Date of trusteeship: 9/30/2003; 
Date plan valuation complete: 12/6/2007; 
Number of individuals associated with the plan: 6,929; 
Number of cases (primary participants): 4,289; 
Total amount of unfunded nonguaranteed benefits: $77,901,131. 

Context for termination: 
After Republic Technologies International, LLC (RTI), once a leading 
domestic producer of special bar quality steel products, declared 
bankruptcy and was unable to pay pension benefits, PBGC initiated an 
involuntary termination of 4 plans administered by RTI. While in 
bankruptcy proceedings, RTI agreed to sell a substantial portion of its 
assets to a new company that intended to hire many of RTI's employees, 
but that did not want responsibility for the pension plans. Two of the 
plans covered participants represented by the United Steelworkers (USW) 
and included provisions for shutdown benefits, which allow participants 
who meet certain age and service requirements to receive an immediate 
unreduced early retirement benefit. USW reached an agreement with RTI 
to consider the sale of RTI's assets to the new company a "shutdown" 
under the plans, thereby triggering the provisions for shutdown 
benefits. Concerned about the impact of the proposed sale on the plans 
and its own financial condition, PBGC sought to terminate the plan 
prior to the asset sale. This earlier termination date would preclude 
PBGC from having to pay the shutdown benefits, because participants 
cannot earn additional benefits after a plan terminates. USW raised the 
issue in court, seeking a termination date after the asset sale. 
Although a lower court found in favor of USW, setting a termination 
date after the asset sale, a circuit court overturned this decision and 
established the termination date prior to the asset sale. As a result, 
PBGC was not obligated to pay the shutdown benefits. However, during 
the time between the lower and higher courts' decisions, PBGC began 
determining participants' eligibility for shutdown benefits and paying 
groups of individuals shutdown benefits. When the termination date 
changed, PBGC stopped paying these individuals shutdown benefits and 
sought repayment of the shutdown benefits already dispensed. 

Groups affected by guarantee limits: Accrued-at-normal limit; 
Number: 941; 
Description: Groups with various types of supplemental benefits. 

Groups affected by guarantee limits: Maximum limit; 
Number: 11; 
Description: (no description provided). 

Groups affected by guarantee limits: Phase-in limit; 
Number: 1,693; 
Description: Groups affected by the following three changes: 
1. The RTI settlement agreement effective 8/2/98: $60/60% phase-in; 
2. The resolution relating to various retirement plan changes 
(effective dates varied): $60/60% phase-in; 
3. The restatement effective 9/8/98: $60/60% phase-in. 

PBGC processing time (from trusteeship to issuance of benefit 
determination letters): 
* Number of cases taking 4 or more years (including cases pending as of 
February 2009): 3,819; 
Maximum: 5.3 years; 
Minimum: 3.5 years; 
Mean: 4.5 years; 
Median: 4.6 years. 

Overpayments (total amount, per case):[A] 
* Estimated total amount of overpayments for plan: $13.4 million; 
Maximum: about $56,700[B]; 
Minimum: less than $70; 
Mean: about $8,900; 
Median: about $5,600. 

Recoupments (monthly benefit reduction due to recoupment, per 
individual): 
* Number of cases with recoupments: 1,508; 
Maximum: $117; 
Minimum: less than $1; 
Mean: $28; 
Median: $28. 

Appeals:[C] 
Cases with appeals: 375; 
Appeals cases pending as of April 2009: 372; 
Appeals closed: 3; 
Closed appeals resulting in a higher benefit amount: 1; 
Closed appeals resulting in a lower benefit amount: 0; 
Closed appeals resulting in no change in benefits: 2. 

Source: GAO analysis of PBGC data and documents. 

[A] Data reliability issues prevented us from conducting a more 
definitive analysis of total overpayment amounts. For a more detailed 
discussion of these data limitations, see appendix I. 

[B] Amount of maximum overpayment for this case, based on calculations 
using data provided in PBGC's individual level data set: $56,745. 
Amount of overpayment for this case, verified in case records: $56,772. 

[C] According to PBGC officials, as of June 2009, there were 376 RTI 
(USWA) appeals. Of these, 160 appeals were pending and 216 appeals had 
been closed. Of the 216 appeals closed, one resulted in a higher 
benefit amount and 215 resulted in no change in benefits. 

[End of table] 

Table 7: Profile of a US Airways Terminated Pension Plan: 

Plan sponsor: US Airways Inc. 

Plan name: Retirement Income Plan for Pilots of US Airways Inc. 

Date of plan termination: 3/31/2003; 
Date of trusteeship: 3/31/2003; 
Date plan valuation complete: 8/3/2006; 
Number of individuals associated with the plan: 8,990; 
Number of cases (primary participants): 7,050; 
Total amount of unfunded nonguaranteed benefits: $1,692,381,669. 

Context for termination: 
US Airways began as All American Aviation in May 1939 as the first 
airmail service for many small western Pennsylvania and Ohio Valley 
communities. It evolved through various mergers and name changes until 
becoming US Airways in 1997, under the parent holding company of US 
Airways Group, Inc. In 2002, it was the seventh largest US air carrier, 
transporting passengers, property and mail on a network focused 
primarily in the Northeast, with some international operations. Over a 
9-month period in 2002, US Airways and US Airways Express served almost 
47 million passengers. In 2000, a general economic downturn led US 
Airways to propose a merger with United Air Lines, however, the merger 
proposal was blocked. Subsequently, US Airways' weak economic position 
was exacerbated by the events of September 11, 2001, and in March 2002, 
a new management team was hired to formulate a restructuring plan. To 
implement the plan, significant labor, aircraft lease, and vendor cost 
concessions were negotiated. However, in August 2002, US Airways Group, 
Inc., filed voluntary petitions in bankruptcy court seeking 
reorganization relief under Chapter 11, and in January 2003, US Airways 
notified PBGC of its intent to terminate its Pilots' Retirement Income 
Plan (and seven other plans covering various employees of its eight 
wholly-owned subsidiaries), citing "a serious funding shortfall."; 
After US Airways gained the consent of the pilots' union (the Air Line 
Pilots Association, International) to terminate the plan, the company 
entered into an agreement with the PBGC setting March 31, 2003, as the 
plan's termination date. Prior to the termination date, US Airways, as 
the pretermination plan administrator, was responsible for revising 
benefit payments under the plan from then-current levels to what it 
estimated would be the amount of benefits that would be covered by plan 
assets or guaranteed by the PBGC following termination. US Airways 
completed these determinations and informed plan participants of their 
estimated post-termination benefits by letters dated March 28, 2003. 

Groups affected by guarantee limits: Accrued-at-normal limit; 
Number: 51; 
Description: Former Shuttle Plan participants who had a "non-level 
benefit stream." 

Groups affected by guarantee limits: Maximum limit; 
Number: 5,171; 
Description: Five groups were affected by the maximum limit: 
1. Non-Shuttle deferreds. Participants who were not in pay status and 
were not members of the Shuttle Plan prior to its 2/1/2000 merger into 
US Airways (4,409 affected); 
2. Shuttle deferreds. Participants who were not in pay status and were 
members of the plan prior to the merger (59 affected); 
3. Enhanced Retirement Incentive Program (ERIP) retirees. Participants 
and beneficiaries who retired under this 1998 program (339 affected); 
4. Non-ERIP retirees. Pre-termination participants and beneficiaries 
other than the ERIP retirees (327 affected); 
5. Total and Permanent Disability participants (37 affected). 

Groups affected by guarantee limits: Phase-in limit; 
Number: 175; 
Description: Groups affected by the following four changes: 
1. The merger of the Shuttle Plan into the US Airways Pilots' Plan 
effective 2/1/2000: $60/60% phase-in (76 affected); 
2. The cost-of-living adjustment increase for former Piedmont 
participants effective at the beginning of each calendar year: $/% 
varied (97 affected); 
3. Increases in benefit limits under Internal Revenue Code section 415 
and compensation limits under section 401(a)(17) effective more than 5 
years before termination, but subsequent automatic increases subject to 
the limit (1 affected); 
4. Benefit increases provided by ERIP effective 5/1/1998: $80/80% phase 
in (1 affected). 

PBGC processing time (from trusteeship to issuance of benefit 
determination letters): 
* Number of cases taking 4 or more years (including cases pending as of 
February 2009): 866; 
Maximum: 5.8 years; 
Minimum: 3.4 months; 
Mean: 3.6 years; 
Median: 3.5 years. 

Overpayments (total amount, per case):[A] 
* Estimated total amount of overpayments for plan: $1.0 million; 
Maximum: about; $95,000[B]; 
Minimum: less than $20; 
Mean: about $8,900; 
Median: about $4,300. 

Recoupments (monthly benefit reduction due to recoupment, per 
individual): 
* Number of cases with recoupments: 111; 
Maximum: $930; 
Minimum: less than $1; 
Mean: $93; 
Median: $48. 

Appeals: 
Cases with appeals: 871; 
Appeals cases pending as of April 2009: 15; 
Appeals closed: 856; 
Closed appeals resulting in a higher benefit amount: 104; 
Closed appeals resulting in a lower benefit amount: 1; 
Closed appeals resulting in no change in benefits: 751. 

Source: GAO analysis of PBGC data and documents. 

[A] Data reliability issues prevented us from conducting a more 
definitive analysis of total overpayment amounts. For a more detailed 
discussion of these data limitations, see appendix I. 

[B] Amount of maximum overpayment for this case, based on calculations 
using data provided in PBGC's individual level data set: $95,090. 
Amount of overpayment for this case, verified in case records: $95,218. 

[End of table] 

[End of section] 

Appendix VI: Three Categories of Large, Complex Plans: 

Table 8: Ten Plans Most Affected by Guaranteed Benefit Limits: 

Plan sponsor (name): Delta Air Lines Inc.; 
Total number of participants: 13,435; 
Unfunded nonguaranteed benefits: $2,958,936,274; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 34.7%; 
Cumulative percentage: 34.7%[B]. 

Plan sponsor (name): US Airways Inc. (pilots' plan); 
Total number of participants: 7,050; 
Unfunded nonguaranteed benefits: $1,692,381,669; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 19.9%; 
Cumulative percentage: 54.6%. 

Plan sponsor (name): United Air Lines Inc. (management, administrative, 
and public contact plan); 
Total number of participants: 46,645; 
Unfunded nonguaranteed benefits: $744,800,000; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 8.7%; 
Cumulative percentage: 63.3%[B]. 

Plan sponsor (name): LTV Steel Company Inc. (hourly plan); 
Total number of participants: 68,124; 
Unfunded nonguaranteed benefits: $672,467,408; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 7.9%; 
Cumulative percentage: 71.2%. 

Plan sponsor (name): Bethlehem Steel Corp.; 
Total number of participants: 92,924; 
Unfunded nonguaranteed benefits: $537,500,000; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 6.3%; 
Cumulative percentage: 77.5%[B]. 

Plan sponsor (name): United Air Lines (flight attendants plan); 
Total number of participants: 28,416; 
Unfunded nonguaranteed benefits: $273,600,000; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 3.2%; 
Cumulative percentage: 80.7%[B]. 

Plan sponsor (name): Weirton Steel; 
Total number of participants: 9,757; 
Unfunded nonguaranteed benefits: $205,022,166; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 2.4%; 
Cumulative percentage: 83.1%. 

Plan sponsor (name): National Steel Corporation (hourly plan); 
Total number of participants: 10,433; 
Unfunded nonguaranteed benefits: $149,076,504; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 1.7%; 
Cumulative percentage: 84.9%. 

Plan sponsor (name): RTI (USWA); 
Total number of participants: 4,289; 
Unfunded nonguaranteed benefits: $77,190,131; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 0.9%; 
Cumulative percentage: 85.8%. 

Plan sponsor (name): National Steel Corporation (retirement plan); 
Total number of participants: 5,783; 
Unfunded nonguaranteed benefits: $73,293,054; 
Percentage of total unfunded nonguaranteed benefits 
($8,522,175,078)[A]: 0.9%; 
Cumulative percentage: 86.7%. 

Source: GAO analysis of PBGC data and documents as of February 2009 for 
participants in plans terminated and trusteed during fiscal years 2000 
through 2008. 

[A] Total calculated based on the 668 plans with data indicating a 
balance of unfunded nonguaranteed benefits (for 362 plans, data 
indicated there were no unfunded nonguaranteed benefits; and for 59 
plans, the data were insufficient to do the analysis). 

[B] Data on these plans are based on estimates as of February 2009, as 
the financial valuations of the plans were not yet complete. 

[End of table] 

Table 9: Ten Plans Most Affected by Long Processing Times: 

(Continued From Previous Page) 

Plan sponsor (name): Bethlehem Steel Corp.; 
Total number of participants: 92,924; 
Number of participants with benefit determinations that took more than 
4 years: 25,619; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 32.6%; 
Cumulative percentage: 32.6%. 

Plan sponsor (name): LTV Steel Company Inc. (hourly plan); 
Total number of participants: 68,124; 
Number of participants with benefit determinations that took more than 
4 years: 4,678; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 6.0%; 
Cumulative percentage: 38.6%. 

Plan sponsor (name): Horizon NR, LLC; 
Total number of participants: 4,722; 
Number of participants with benefit determinations that took more than 
4 years: 4,356; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 5.5%; 
Cumulative percentage: 44.1%. 

Plan sponsor (name): Kaiser Aluminum and Chemical Corp. (hourly plan); 
Total number of participants: 10,300; 
Number of participants with benefit determinations that took more than 
4 years: 4,201; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 5.3%; 
Cumulative percentage: 49.5%. 

Plan sponsor (name): RTI (USWA plan); 
Total number of participants: 4,289; 
Number of participants with benefit determinations that took more than 
4 years: 3,819; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 4.9%; 
Cumulative percentage: 54.3%. 

Plan sponsor (name): J.A. Jones, Inc.; 
Total number of participants: 5,514; 
Number of participants with benefit determinations that took more than 
4 years: 3,380; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 4.3%; 
Cumulative percentage: 58.6%. 

Plan sponsor (name): Kaiser Aluminum and Chemical Corp. (salaried 
plan); 
Total number of participants: 5,299; 
Number of participants with benefit determinations that took more than 
4 years: 3,042; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 3.9%; 
Cumulative percentage: 62.5%. 

Plan sponsor (name): Cone Mills Corporation; 
Total number of participants: 6,365; 
Number of participants with benefit determinations that took more than 
4 years: 2,956; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 3.8%; 
Cumulative percentage: 66.3%. 

Plan sponsor (name): Weirton Steel; 
Total number of participants: 9,757; 
Number of participants with benefit determinations that took more than 
4 years: 2,741; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 3.5%; 
Cumulative percentage: 69.8%. 

Plan sponsor (name): Reliance Insurance Company; 
Total number of participants: 7,280; 
Number of participants with benefit determinations that took more than 
4 years: 2,366; 
Percentage of total number of participants with benefit determinations 
that took more than 4 years (78,553): 3.0%; 
Cumulative percentage: 72.8%. 

Source: GAO analysis of PBGC data and documents as of February 2009 for 
participants in plans terminated and trusteed during fiscal years 2000 
through 2008. 

[End of table] 

Table 10: Ten Plans Most Affected by Overpayments: 

Plan sponsor (name): LTV Steel Company Inc. (hourly plan); 
Total number of participants: 68,124; 
Number of participants with recoupments: 4,442; 
Percentage of total number of participants with recoupments (22,623): 
19.6%; 
Cumulative percentage: 19.6%. 

Plan sponsor (name): Bethlehem Steel Corp.; 
Total number of participants: 92,924; 
Number of participants with recoupments: 2,487; 
Percentage of total number of participants with recoupments (22,623): 
11.0%; 
Cumulative percentage: 30.6%. 

Plan sponsor (name): Weirton Steel; 
Total number of participants: 9,757; 
Number of participants with recoupments: 1,997; 
Percentage of total number of participants with recoupments (22,623): 
8.8%; 
Cumulative percentage: 39.5%. 

Plan sponsor (name): RTI (USWA plan); 
Total number of participants: 4,289; 
Number of participants with recoupments: 1,508; 
Percentage of total number of participants with recoupments (22,623): 
6.7%; 
Cumulative percentage: 46.1%. 

Plan sponsor (name): National Steel Corporation (hourly plan); 
Total number of participants: 10,433; 
Number of participants with recoupments: 1,075; 
Percentage of total number of participants with recoupments (22,623): 
4.8%; 
Cumulative percentage: 50.9%. 

Plan sponsor (name): LTV Steel Company Inc. (salary plan); 
Total number of participants: 13,450; 
Number of participants with recoupments: 913; 
Percentage of total number of participants with recoupments (22,623): 
4.0%; 
Cumulative percentage: 54.9%. 

Plan sponsor (name): RTI (USS/KOBE plan); 
Total number of participants: 2,299; 
Number of participants with recoupments: 730; 
Percentage of total number of participants with recoupments (22,623): 
3.2%; 
Cumulative percentage: 58.1%. 

Plan sponsor (name): Outboard Marine; 
Total number of participants: 9,744; 
Number of participants with recoupments: 614; 
Percentage of total number of participants with recoupments (22,623): 
2.7%; 
Cumulative percentage: 60.8%. 

Plan sponsor (name): LTV Steel Mining Company, Inc.; 
Total number of participants: 3,416; 
Number of participants with recoupments: 548; 
Percentage of total number of participants with recoupments (22,623): 
2.4%; 
Cumulative percentage: 63.3%. 

Plan sponsor (name): Northwestern Steel & Wire (plan A); 
Total number of participants: 3,576; 
Number of participants with recoupments: 450; 
Percentage of total number of participants with recoupments (22,623): 
2.0%; 
Cumulative percentage: 65.3%. 

Source: GAO analysis of PBGC data and documents as of February 2009 for 
participants in plans terminated and trusteed during fiscal years 2000 
through 2008. 

[End of table] 

[End of section] 

Appendix VII: Sample Benefit Determination Letter: 

To illustrate the complexity of some benefit calculations, this 
appendix provides a sample benefit determination letter that PBGC sent 
to an RTI (USWA) participant, as well as a 5-page benefit statement and 
a recoupment summary that were provided as attachments. 

Pension Benefit Guaranty Corporation: 
U.S. Government Agency: 
PBGC/Insurance Operations Department: 
Box 151750: 
Alexandria VA 22315-1750: 

November 04, 2008: 

PBGC Case Number: 
Plan Name: Republic Technologies International LLC - USWA Defined 
Benefit Plan: 

Dear: 

This letter is about changes in the amount of your monthly payment from 
the Pension Benefit Guaranty Corporation ("PBGC"). 

As you know, the PBGC assumed responsibility for the Republic 
Technologies International LLC - USWA Defined Benefit Plan. Because 
federal law limits the benefits the PBGC can pay, we are required to 
conduct a comprehensive review of all benefits payable under the 
pension plan. While this review is underway, the benefit amounts paid 
by the PBGC represent our best estimate of the final benefit amount. We 
have been paying you an estimated amount of $548.89. The PBGC calls 
this the estimated benefit amount. 

The review process is now complete. Under your pension plan and the 
limits set by law, the monthly benefit amount that you are entitled to 
receive from PBGC is $397.85. This is less than the estimated benefit 
amount you have been receiving. In accordance with the provisions of 
the plan your monthly benefit will change to $342.16 beginning 
06/01/2012. PBGC is required to apply the legal limits to all benefits 
you received after June 14, 2002, the date as of which your plan was 
terminated. As a result, there is a $11932.16 overpayment balance that 
PBGC must now recover. The PBGC charges no interest on this 
overpayment. Please see the enclosed Recoupment Summary sheet for a 
detailed history of your pension payments. 

PBGC will recover this overpayment balance by making deductions in 
future benefit payments. The new monthly amount of $358.06 that you 
will receive until 05/01/2012 reflects a deduction of $39.79 from your 
final benefit amount. The monthly amount of $307.94 that you will 
receive from 06/01/2012 until 07/01/2037 reflects a deduction of $34.22 
from your final benefit amount. After that date, monthly payments made 
to you will be increased to your final benefit amount of $342.16. This 
final benefit is the amount that the PBGC is legally allowed to pay 
you. It was calculated by determining the benefit you are entitled to 
under your plan and then applying the limits spelled out in federal 
pension law. 

Your benefit is paid in the form of a Joint and 50% Survivor Annuity 
with a Surviving Spouse Benefit. The Joint and 50% Survivor Annuity 
provides you with a reduced monthly benefit for the rest of your life. 
Thereafter, your surviving beneficiary will receive 50% of your 
benefit. The Surviving Spouse Benefit is payable if your spouse meets 
the eligibility requirements defined by the pension plan. 

The Surviving Spouse Benefit will provide your spouse with a benefit 
equal to 50% of your basic benefit until age 60. After age 60, the 
pension plan requires us to recalculate the benefit and reduce the 
benefit 50% of the Social Security Widow's benefit. 

The enclosed Benefit Statement and Question and Answer sheet offer more 
detail on these calculations. If you have questions about your final 
benefit or overpayment amount, please contact us. The PBGC benefit 
specialists will be happy to answer any questions that you may have. 

We understand that this is a complicated situation and you may have 
questions. You may call our Customer Contact Center at 1 (800) 400-
7242, Monday through Friday, 8:00 a.m. - 7:00 p. ET. If you use a 
TTY/TDD, call 1 (800)-877-8339, and ask the relay operator to call our 
telephone number. Or, you may write to: PBGC/Benefits Administration 
and Payment Department, P.O. Box 151750, Alexandria. VA 22315-1750. 
Please include your Social Security number, PBGC case number, I	and a 
daytime telephone number. 

This is PBGC's formal determination of your benefit. If you have a 
question about how your benefit was calculated, please call us for an 
explanation. If you still disagree with the benefit determination, you 
have the right to appeal. Your appeal must state the specific reason 
you believe the determination is wrong, and must be made in writing 
within 45 days of the date of this letter. The enclosed pamphlet, Your 
Right to Appeal, explains more about filing an appeal. 

If you do not appeal this determination, we anticipate that your 
benefit will be reduced as of 02/01/2009. If you choose to appeal, your 
benefit will not change until the PBGC Appeals Board reaches a 
decision. 

Please keep this letter in your records for future reference. 

Sincerely, 

FBA Pension Benefit Analyst: 
Field Benefit Administration: 

Enclosure: 

Your Right to Appeal: 
PACS Calculation Sheet: 
(Manual Insert) Benefit Statement: 

[End of letter] 

Privacy Act Data: 
Benefit Statement: 
10/31/2008 11:38 AM: 
Page 1 of 5: 

Republic Technologies International LLC-USWA DB PL: 

PBGC Case Number: 

Date of Plan Termination: June 14,2002. 
Participant's Name: 

Participant's Information: 

Social Security Number: 

Gender: 

Date of Birth: 

Credit Service Date: 02/03/1969; 

Date of Termination of Employment: 02/28/2002; 

Normal Retirement Date (NRD): 06/01/2014; 

Summary of Participant's Benefit: 

Actual Retirement Date (ARD): 03/01/2002; 
Current Monthly Benefit: $548.89; 
PBGC Monthly Benefit Before 06/01/2012: $397.85; 
PBGC Monthly Benefit After 06/01/2012: $342.16; 
PBGC Form of Annuity: 5-Year Certain Then Joint and 50% Survivor 
Annuity; 
PBGC Monthly Surviving Spouse Benefit Before Spouse Age 60: $198.92; 
PBGC Monthly Surviving Spouse Benefit After Spouse Age 60: $97.31. 

Your Current Monthly Benefit of $548.89 will change to benefits listed 
above due to pension law limitations that apply to your benefit See the 
Benefit Calculation section below for details. 

Beneficiary's Information: 

Beneficiary Name:
Social Security Number:	
Date of Birth: 07/01/1954; 
		
Participant's Pension Information for Benefit Calculation: 
			
Years of Credited Service CS): 33.0833; 
Benefit Rate (BR): 35.0000; 
5-Year Certain End Date: 02/28/2007; 
New Plan Temporary Monthly Supplement (SUPP): $200.00; 
New Plan Supplement End Date: 05/31/2012; 
Plant Code and Plant Location: 151-Massillon Hot Roll; 
Retirement Type: 30 Year; 

Benefit under Provisions Effective June	1, 1993 (The Old Plan):	
			
(1) Net LTV DBP	Benefit Payable	at NRD as a Straight Life Annuity: 
$381.57; 
			
(2) RESI DCP Monthly Benefit Offset: $203.98; 

(3) Plan Monthly Benefit: 
$333334 x CS, Maximum 30 = $33.3334 x 30.0000 =	$1,000.00; 

(4) Net Plan Monthly Benefit at NRD as a 5-Year Certain Then Straight 
Life Annuity: (3) - (2) - (1) =	$1,000.00 - $203.98 - $381.57 =	
$414.45; 

(5) Adjustment Factor for Early Retirement: 0.3827; 

(6) Adjustment Factor for Joint and Survivor Annuity: 0.8600; 
			
(7) Plan Monthly Benefit at ARD as a Joint and 50% Survivor Annuity: 
(4) x (5) a (6)	= $414.45 x 0.3827 x 0.8600 = $136.40. 

Because your benefit provisions under the Old Plan did not include the 
New Plan's Surviving Spouse Benefit and 5 Year Certain and Continuous 
features, we have to adjust this benefit to the same survivor benefit 
and form of benefit in order to make correct comparisons (the 
normalized benefit). 

(8) Normalization factor for New Plan's Surviving Spouse Benefit and 5 
Year Certain and Continuous Feature: 0.9256; 

(9) Normalized Monthly Benefit at ARD: (7) x (8) = $136.40 a 0.9256 =	
$126.25; 

Benefit under Provisions Effective September 8, 1998 (The New Plan): 

(10) Plan Monthly Benefit: BR x CS = 535.0000 x 33.0833 =	
$1,157.92. 

(11) Net Plan Monthly Benefit at NRD as a 5-Year Certain Then Straight 
Life Annuity: (10)-(2)-(1)= $1,157.92 - $203.98 - $381.57 = $572.37. 

(12) Adjustment Factor for Joint and Survivor Annuity: 0.8600. 

(13) Plan Monthly Benefit at ARD: (11) x (12) = $572.37 x 0.8600 =	
$492.24. 

(14) Plan Monthly Benefit Before 03/012007: (11) + SUPP = $572.37 + 
$200.00 = $772.37. 

(15) Plan Monthly Benefit After 03/01/2007 and Before 06/01/2011: 
(13) + SUPP = $492.24 + $200.00 = $692.24. 

(16) Plan Monthly Benefit After 06/01/2011 and Before 06/01/2012: 
(13) + SUPP = $492.24 + $200.00 = $692.24. 
		
(17) Plan Monthly Benefit After 06/01/2012: Same as (13) = $492.24. 

When plans have provisions for supplemental benefits before age 65, the 
benefit is limited to the monthly benefit payable to you as a straight 
life annuity at NRD (Age 65). This is called the PBGC Accrued-at-Normal 
Limit. See the next line for application of this limit. 

(18) PBGC Accrued-at-Normal Limit: Same as (11): $572.37. 

(19) PBGC Monthly Benefit Before 03/01/2007: The Lesser of (18) and 
(14) = The Lesser of $572.37 and $772.37 = $572.37. 
		
(20) PBGC Monthly Benefit After 03/01/2007 and Before 06/01/2011: [The 
Lesser of (18) and (15)] = (The Lesser of $572.37 and $692.24] =	
$572.37. 
	
(21) PBGC Monthly Benefit After 06/01/2011 and Before 06/01/2012: [The 
Lesser of (18) and (16)] = [The Lesser of $572.37 and $692.24] =	
$572.37. 
		
(22) PBGC Monthly Benefit After 06/01/2012: Same as (17) = $492.24. 

(23) PBGC Levelizing Factor for Benefit Payable After 06/14/2002 but 
Before 06/01/2012: 0.4844. 

Because your supplement is not payable for your lifetime, it is 
necessary for the PBGC to convert the supplement to an equivalent 
lifetime benefit (your level-life benefit). This conversion is 
necessary to determined limitations on your benefit. Once all-
limitations have been applied to your level-life benefit, your PBGC 
guaranteed benefit is then converted back to a lifetime benefit and 
supplement. 

(24) Levelized PBGC Monthly Benefit: [(21) - (22)] x (23) + (22) =
($572.37 - $492.241 x 0.4844 +$492.24] = $531.06. 

Calculation of PBGC Benefit: 

Your plan increased benefits within the 5 years before the plan 
terminated, but PBGC only guarantees a part of the increase. For each 
FULL year that the benefit increase was In effect, PBGC guarantees 20% 
of the increase or $20, whichever is greater. 

(25) Benefit Increase under Provisions Effective September 8, 1998: 
(24) - (9) = $531.06 - $126.25 = $404.81. 

(26) Phased-In Benefit Increase: The Lesser of (25) or [The Greater of 
$60.00 or 60% x (25)] = The Lesser of $404.81 or [The Greater of $60.00 
or $242.89] = $242.89/ 
		
(27) Leveled Monthly Benefit after Phase-in Limit: (9) + (26) = $126.25 
+ $242.89 = $369.14. 

(28) Guarantee Ratio: (27)/(24) = $369.14/$531.06 = 0.695100. 

(29) PBGC Monthly Benefit Before 03/01/2007: (19) x (28) - $572.37 x 
0.695100 = $397.85. 

(30) PBGC Monthly Benefit After 03/01/2007 and Before 06/01/2011: (20) 
x (28) = $572.37 x 0.695100 = $397.85. 

(31) PBGC Monthly Benefit After 06/01/2011 and Before 06/01/2012: (21) 
x (28) = $57237 x 0.695100 = $397.85. 

(32) PBGC Monthly Benefit After 06/01/2012: (22) x (28) = $492.24 x 
0.695100 = $342.16. 

Privacy Act Data: 
Recoupment Summary: 
Plan Name: Republic Technologies International LLC - USWA Defined 
Benefit Plan: 

Case Number: 
Participant: 
Prepared by: 
Social Security Number:	
Date Prepared: November 4, 2008: 
Cust Id: 
IPS Document Type: Benefit Calculations: 

Date of Plan Termination: 06/14/2002:
Overpayment Accrual Commencement Date: 06/14/2002:
Target Adjustment Date:	02/01/2009: 
Present Value of Termination Benefit: $67,217.00:
Maximum Guaranteeable Monthly Benefit: $3,579.55:
Total Number of Months for Calculation:	421: 

Recoupment Data: 
Total Amount of Money Subject to Recoupment: $11,932.16: 
Expected Number of Months over which Recoupment will Occur: 342: 
Recoupment End Date: 07/01/2037: 

Correct Entitlements Entered: 
07/01/2002-05/01/2012: $397.85; 
06/01/2012-12/01/2099: $342.16. 

Actual Pay Entered/Used: 
07/01/2002-01/01/2009: $548.89. 
	
Recoupment Percent and Amount Information: 

Pay Dates: 02/01/2009-03/01/2012; 
Recoup. %: 10%; 
Recoup. Amount: $39.79; 
Reduced Pay Amount: $358.06. 

Pay Dates: 06/01/2012-07/01/2037; 
Recoup. %: 10%; 
Recoup. Amount: $34.22; 
Reduced Pay Amount: $307.94. 
		
This calculation uses interest rotes that were updated more than 45 
days before the Target Payment Date for this transaction. Per PBGC 
regulation, this result is valid for payment. 

System: (PACS) Payment Adjustment Calculation System Version 3.0. 

[End of section] 

Appendix VIII: Comments from the Pension Benefit Guaranty Corporation: 

Pension Benefit Guaranty Corporation: 
Office of the Director: 
1200 K Street, NW:
Washington, DC 20005-4026: 

July 31, 2009: 

Barbara D. Bovbjerg, Director: 
Education, Workforce and Income Security Issues: 
U.S. Government Accountability Office: 
Washington, DC 20548: 

Dear Ms. Bovbjerg: 

Thank you for the opportunity to comment on the draft GAO report 
entitled, Pension Benefit Guaranty Corporation: More Strategic Approach 
Needed for Processing Complex Plans Prone to Delays and Overpayments 
(GAO-09-716). GAO's efforts in performing this important work are 
certainly appreciated. We welcome the report's acknowledgement of the 
many positive comments about PBGC made by plan participants, and its 
conclusion that PBGC is able to timely complete and issue benefit 
determination letters within three years for most plans. We agree that 
more can be done when PBGC terminates large, complex plans, and are 
committed to doing so. PBGC is in general agreement with the report's 
recommendations, and we look forward to updating your office as we make 
progress toward their implementation. 

PBGC guarantees the basic pension benefits covering 44 million 
individuals in more than 30,000 private-sector defined benefit plans. 
Since 1974, when Congress created PBGC to guarantee payment of defined 
benefit pensions, more than 1.1 million workers and retirees in 3,860 
terminated pension plans, and more than 120,000 participants in 
multiemployer plans receiving financial assistance, have relied on PBGC 
for their retirement income. In Fiscal Year 2008 alone, PBGC paid about 
$4.3 billion to more than 64,000 participants in terminated pension 
plans. 

PBGC pays benefits according to the provisions of each individual 
pension plan within statutory limits and ensures that benefits remain 
uninterrupted for those already receiving benefits when a plan is 
terminated. PBGC makes every effort to ensure that participants receive 
what they are entitled to under their plan, and most participants of 
plans taken over by PROC receive the full benefit due under their 
respective plans. As the report notes, most plans are completed timely; 
however, PBGC has terminated some plans that are particularly complex, 
such as plans with multiple benefit formulas due to mergers, or which 
have data-quality issues, and some that involve more than 100,000 
participants. In the time period studied by GAO, there have been 10
such large plans. In order to better address issues associated with 
these plans, PBGC recently created a Business Process Management Unit 
reporting directly to the Chief Operating Officer. This group has 
coordinated the performance of business-process engineering efforts, 
leveraging Lean principles, to streamline our processes. Multiple 
processes have been reengineered in both BAPD and the Appeals Division 
since 2008. We look forward to further improving our existing 
processes, so that PBGC is able to maintain its strong rating from the 
American Customer Satisfaction Index. For FY 2008, PBGC received a 
score of 88 in customer satisfaction of retirees receiving benefits 
from PBGC - one of the highest scores received by a federal government 
entity. 

In the paragraphs below, we provide our specific responses to the 
report's recommendations, which we expect to implement over the next 
fiscal year: 

Recommendation: 

PBGC should set goals for timeliness and monitor the progress made in 
finalizing benefit determinations for large complex plans separately 
drum other plans. 

Response: 

We agree. PBGC has already started to implement steps for tracking and 
monitoring the tasks associated with case-processing activities for 
large, complex plans. For example, PBGC today uses detailed project-
management software to track timeliness and monitor progress for large, 
complex plans. 

Recommendation: 

To reduce the number and size of overpayments in large complex plans, 
PBGC should prioritize the calculation of estimated benefits For 
retirees subject to statutory limits and adjust estimates,
as needed, throughout the benefit determination process. To reduce 
increased overpayments due to appeals, PBGC should prioritize the 
processing of appeals for those already receiving benefits and should 
consider implementing the final benefit determination for retirees 
during the appeals process. 

Response: 

We agree. PBGC generally does already identity and prioritize those 
cases where adjustment may be likely, and makes estimated adjustments 
accordingly. Given the special nature of these large, complex plans, 
PBGC is intent on focusing keenly on them as we move forward. 
Certainly, we will continue to look for ways to improve our processes 
in order to minimize the impact of overpayments on participants 
affected by the statutory limitations. As to the second part of this 
recommendation, we have legal concerns about the effect that 
implementing the final benefit determination before the completion of 
the administrative appeals process would have on our requirement that 
participants exhaust PBGC's administrative review procedure before 
resorting to Court. These concerns arise from Section 704 of the 
Administrative Procedure Act, which permits an agency to require 
exhaustion of its administrative appeal procedures as a prerequisite to 
a lawsuit only where the action that is subject to administrative 
appeal "meanwhile is inoperative." Nonetheless, as noted above, we are 
willing to explore options for making earlier adjustments in 
appropriate cases, while seeking to avoid subjecting participants to 
multiple revisions of their benefit payment. Finally, we note that, as 
two thirds of our appeals are from participants already receiving 
benefits, we are substantially in compliance with the balance of the 
recommendation. 

Recommendation: 

PBGC should develop improved procedures for adapting and reviewing 
letters to participants in large complex plans, such as by (1) 
providing more specific information in letters to participants who 
receive benefit reductions describing which limits were applied and 
why; (20 ensuring all letters to participants involving benefit 
reductions are reviewed for accuracy and coherence before being sent; 
and (3) establishing processes to more frequently communicate with 
participants who are experiencing delays in receiving final benefit 
determinations. 

Response: 

We agree. Regarding the first part of your recommendation, PBGC has 
just completed a six month effort to improve our letters and is near 
complete in revising the guidelines for our benefit statements to 
better communicate the complexities of PBGC benefits and to better 
manage expectations of plan participants. On the second part of your 
recommendation, we will evaluate and make necessary modifications to 
our process for reviewing benefit determination letters before issuance 
to ensure that letters to participants involving benefit reductions are 
accurate and coherent. On the third part of your recommendation, PBGC 
is committed to researching and establishing cost-effective processes 
to more frequently--and more clearly--communicate with participants who 
may be experiencing delays in receiving final benefit determinations. 

Recommendation: 

PBGC should provide information or resources to help participants in 
large complex plans better understand their benefit calculations and 
also to avoid any unnecessary appeals. Specifically, PBGC's benefit 
determination letters should provide information, such as how 
participants can obtain additional information by using the Freedom of 
Information Act or other resources. 

Response: 

We agree. PBGC has already established working groups to examine 
several aspects of our communications with participants, and we 
certainly want to help them avoid unnecessary appeals. While we are 
unsure that encouraging participants to obtain the wealth of technical 
information in their files will clarify their understanding of their 
benefit determination letter, and may create unnecessary Freedom of 
Information Act (FOIA) requests, we are willing to be more proactive in 
informing participants about the availability of FOIA in connection 
with review of their benefit determinations. Accordingly, we will amend 
the appeals brochure to include information about the FOIA process and 
a link to our FOIA page on our web site. 

PBGC continues to press forward in addressing the issues related to our 
most complex plans. By way of update, as of June 30, 2009 (the end of 
the third quarter of FY09), there were 376 RTI-USWA cases with appeals. 
Of these 376 appeals opened, only 160 appeals remain pending, and 216 
of the appeals are now closed. 

Your efforts and those of your staff in preparing this important review 
are valued. Again, thank you for the opportunity to comment. 

Sincerely, 

Signed by: 

Vincent K. Snowbarger: 
Acting Director: 

[End of section] 

Appendix IX: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Barbara D. Bovbjerg, (202) 512-7215 or bovbjergb@gao.gov: 

Staff Acknowledgments: 

In addition to the contact named above, Blake L. Ainsworth, Assistant 
Director; Margie K. Shields, Analyst-in-Charge; Kristen W. Jones; and 
Wayne Turowski made significant contributions to this report. Joseph A. 
Applebaum, Jeffrey L. Bernstein, Susan C. Bernstein, Jena Y. Sinkfield, 
Walter K. Vance, and Craig H. Winslow also made important 
contributions. 

[End of section] 

Related GAO Products: 

Pension Benefit Guaranty Corporation: Financial Challenges Highlight 
Need for Improved Governance and Management, [hyperlink, 
http://www.gao.gov/products/GAO-09-702T] (Washington, D.C.: May 20, 
2009). 

Auto Industry: Summary of Government Efforts and Automakers' 
Restructuring to Date, [hyperlink, 
http://www.gao.gov/products/GAO-09-553] (Washington, D.C.: April 23, 
2009). 

Defined Benefit Pensions: Survey Results of the Nation's Largest 
Private Defined Benefit Plan Sponsors, [hyperlink, 
http://www.gao.gov/products/GAO-09-291] (Washington, D.C.: March 30, 
2009). 

Pension Benefit Guaranty Corporation: Improvements Needed to Address 
Financial and Management Challenges, [hyperlink, 
http://www.gao.gov/products/GAO-08-1162T] (Washington, D.C.: September 
24, 2008). 

Pension Benefit Guaranty Corporation: Some Steps Have Been Taken to 
Improve Contracting, but a More Strategic Approach Is Needed, 
[hyperlink, http://www.gao.gov/products/GAO-08-871] (Washington, D.C.: 
August 18, 2008). 

Defined Benefit Pensions: Plan Freezes Affect Millions of Participants 
and May Pose Retirement Income Challenges, [hyperlink, 
http://www.gao.gov/products/GAO-08-817] (Washington, D.C.: July 21, 
2008). 

Pension Benefit Guaranty Corporation: A More Strategic Approach Could 
Improve Human Capital Management, [hyperlink, 
http://www.gao.gov/products/GAO-08-624] (Washington, D.C.: June 12, 
2008). 

Pension Benefit Guaranty Corporation: Governance Structure Needs 
Improvements to Ensure Policy Direction and Oversight, [hyperlink, 
http://www.gao.gov/products/GAO-07-808] (Washington, D.C.: July 6, 
2007). 

Private Pensions: Timely and Accurate Information Is Needed to Identify 
and Track Frozen Defined Benefit Plans, [hyperlink, 
http://www.gao.gov/products/GAO-04-200R] (Washington, D.C.: December 
17, 2003). 

Pension Benefit Guaranty Corporation Single-Employer Insurance Program: 
Long-Term Vulnerabilities Warrant "High Risk" Designation, [hyperlink, 
http://www.gao.gov/products/GAO-03-1050SP] (Washington, D.C.: July 23, 
2003). 

Pension Plans: Benefits Lost When Plans Terminate, [hyperlink, 
http://www.gao.gov/products/T-HRD-92-58] (Washington, D.C.: September 
24, 1992). 

[End of section] 

Footnotes: 

[1] PBGC Office of Inspector General, The Length of Time It Has Taken 
PBGC To Issue Initial Determination Letters, 99-3/23128-2, (Washington, 
D.C.: March 1999); PBGC Office of Inspector General, Improvements Are 
Needed To Achieve Better Efficiency And Effectiveness In PBGC's Benefit 
Determination Process, 99-2/23128-1 (Washington, D.C.: March 1999); 
PBGC Office of Inspector General, Pension Plan Participants Impacted by 
Delays In Initial Determination Letter Issuance, 99-1/23128-3 
(Washington, D.C.: March 1999); and PBGC Office of Inspector General, 
Audit of PBGC's Response to Certain Questions Concerning Appeals of 
PBGC Initial Determinations of Pension Benefits, 98-10/23131 
(Washington, D.C.: September 1998). 

[2] PBGC administers two separate insurance programs: a single-employer 
program and a multiemployer program. This report focuses solely on 
plans in PBGC's single-employer program, as PBGC will provide 
assistance, but will not trustee multiemployer plans that are unable to 
pay guaranteed benefits when due. 

[3] Pub. L. No. 93-406, 88 Stat. 829 (codified, as amended, at 29 
U.S.C. §§ 1001-1461). 

[4] GAO, Pension Benefit Guaranty Corporation Single-Employer Insurance 
Program: Long-Term Vulnerabilities Warrant "High Risk" Designation, 
[hyperlink, http://www.gao.gov/products/GAO-03-1050SP] (Washington, 
D.C.: July 23, 2003). 

[5] GAO, Pension Benefit Guaranty Corporation: Governance Structure 
Needs Improvements to Ensure Policy Direction and Oversight, 
[hyperlink, http://www.gao.gov/products/GAO-07-808] (Washington, D.C.: 
July 6, 2007). 

[6] GAO, Pension Benefit Guaranty Corporation: Some Steps Have Been 
Taken to Improve Contracting, but a More Strategic Approach Is Needed, 
[hyperlink, http://www.gao.gov/products/GAO-08-871] (Washington, D.C.: 
August 18, 2008); and GAO, Pension Benefit Guaranty Corporation: A More 
Strategic Approach Could Improve Human Capital Management, [hyperlink, 
http://www.gao.gov/products/GAO-08-624] (Washington, D.C.: June 12, 
2008). 

[7] At least one of the following criteria must be met in order for 
PBGC to approve a distress termination filing: (1) liquidation in 
bankruptcy (Chapter 7) or insolvency proceedings; (2) reorganization in 
bankruptcy (Chapter 11); (3) a company will be unable to continue to 
stay in business unless its plan is terminated; or (4) unreasonable, 
burdensome pension costs caused solely by a decline in workforce. 29 
U.S.C. § 1341(c)(2)(B). 

[8] PBGC may initiate involuntary terminations for several reasons, 
including if PBGC's loss from that plan may be expected to increase 
unreasonably if the plan is not terminated. 29 U.S.C. § 1342(a). 

[9] The process for determining how the plan's assets are distributed 
among the plan's participants is detailed in ERISA. For a description 
of the allocation process, see appendix III. 

[10] For a description of guarantee limits from a participant's 
perspective, see appendix IV. 

[11] The termination date is set by either the plan sponsor or PBGC, 
depending on which party initiates the plan termination, except in 
cases where the plan sponsor has filed for bankruptcy. In cases of 
Chapter 7 or Chapter 11 bankruptcy, the Pension Protection Act of 2006 
required that the date on which a plan sponsor files for bankruptcy be 
used as the date of plan termination for purposes of determining the 
amount of guaranteed benefits and the allocation of assets. Pub. L. No. 
109-280, § 404(a), 120 Stat. 280, 928 (codified at 29 U.S.C. § 
1322(g)). If the plan sponsor and PBGC disagree over the date of 
termination, a court determines the date. 

[12] GAO has issued several reports on the related topic of "plan 
freezes," which limit some or all future pension accruals for some or 
all plan participants. For example, see GAO, Defined Benefit Pensions: 
Survey Results of the Nation's Largest Private Defined Benefit Plan 
Sponsors, [hyperlink, http://www.gao.gov/products/GAO-09-291] 
(Washington, D.C.: Mar. 30, 2009); GAO, Defined Benefit Pensions: Plan 
Freezes Affect Millions of Participants and May Pose Retirement Income 
Challenges, [hyperlink, http://www.gao.gov/products/GAO-08-817] 
(Washington, D.C.: July 21, 2008); GAO, Private Pensions: Timely and 
Accurate Information Is Needed to Identify and Track Frozen Defined 
Benefit Plans, [hyperlink, http://www.gao.gov/products/GAO-04-200R] 
(Washington, D.C.: Dec. 17, 2003); and GAO, Pension Plans: Benefits 
Lost When Plans Terminate, [hyperlink, 
http://www.gao.gov/products/T-HRD-92-58] (Washington, D.C.: Sept. 24, 
1992). 

[13] Throughout this report, the term "participant" refers to the 
primary participant (that is, the individual who earned the pension), 
or if deceased, the beneficiary. For a more detailed explanation of our 
methodology, see appendix I. 

[14] PBGC Office of Inspector General, Pension Plan Participants 
Impacted by Delays In Initial Determination Letter Issuance, 99-1/ 
23128-3 (Washington, D.C.: March 1999). 

[15] For a description of the allocation process, see appendix III. 

[16] A controlled group is a group of businesses under common control 
that is treated as a single employer for the purposes of determining 
the extent of employer liability. 

[17] As noted previously (see background section), PBGC's 2006 study of 
these limits found that participants in steel and airline industry 
plans are often subject to the guarantee limits because these plans 
provide generous benefits and allow their participants to retire at 
relatively young ages. 

[18] In a more recent plan termination, PBGC did not provide shutdown 
benefits for two RTI plans (USWA and USS/KOBE). These plans' 
termination dates--which were ultimately decided in court and set prior 
to the shutdown date--precluded some participants from qualifying for 
shutdown benefits. (For a more detailed discussion of the RTI plan 
terminations, see appendix V). However, in accordance with the Pension 
Protection Act of 2006, PBGC's guarantee of shutdown benefits is now 
phased in from the date of plan shutdown. If this requirement had been 
in place at the time of the RTI case, the date of plan termination 
would not have been significant for determining benefits. § 403, 120 
Stat. 928. 

[19] Participants may be subject to more than one type of limitation, 
so numbers cannot be added together to determine a total. 

[20] 29 U.S.C. §§ 1302, 1303, and 1310. 

[21] Of the cases with the lengthiest processing times, the RTI plan 
was the only one with more than 1 year between termination and 
trusteeship. PBGC officials regarded the circumstances of this case-- 
specifically, the protracted legal battle over the plan's termination 
date--to be rare. Moreover, the circumstances giving rise to this 
debate are unlikely to be repeated due to changes made by the Pension 
Protection Act of 2006, which provides for the phase-in of PBGC's 
guarantee from the date of a plant shutdown, and for the date on which 
a sponsor files for bankruptcy to be used as the date of plan 
termination for the purposes of determining the amount of guaranteed 
benefits and the allocation of assets. §§ 403 and 404, 120 Stat. 928 
and 928. 

[22] Data reliability issues prevented us from conducting a more 
definitive analysis of total overpayment amounts. For a more detailed 
discussion of these data limitations, see appendix I. 

[23] PBGC regulations generally limit benefit reductions to the greater 
of (a) 10 percent of the participant's monthly benefit, or (b) the 
amount in excess of the participant's "maximum guaranteeable benefit." 
29 C.F.R. § 4022.82 (2009). In addition, the regulation provides that 
PBGC may use its discretion to recoup overpayments by other methods. 29 
C.F.R. § 4022.81(a) (2009). According to the PBGC Operating Policy 
Manual, these other methods include situations when there is a delay in 
implementing the recoupment; when the overpayment was due to (a) the 
participant providing false information, (b) a failure to pay an 
alternate payee under a qualified domestic relations order, or (c) a 
change in disability benefits; or when the recoupment was initiated by 
the plan sponsor prior to termination. In these situations, the amount 
of the reduction may be increased to 25 percent, 40 percent, or some 
other percentage of the benefit, and, in certain situations, the entire 
benefit may be suspended. 

[24] Four of these 10 plans also were among the 10 plans with the 
greatest number of benefit determinations taking 4 years or longer to 
process (see figure 6). 

[25] Bethlehem Steel could not be included in the table because the 
valuation of that plan was not complete as of February 2009, and the 
number of participants subject to guarantee limits had not yet been 
documented. 

[26] For a description of the allocation process, see appendix III. 

[27] 29 U.S.C. § 1341(c)(3)(D)(ii)(IV). For example, although our 
analysis of plan data suggests that several airline plans were among 
those most affected by guarantee limits, no airline plans were among 
those most affected by overpayments (see appendix VI). This is likely 
due to the fact that these airlines plans were terminated at the 
sponsor's request. For example, according to agency officials, the 
Delta Air Lines plan and the US Airways pilots' plan were both distress 
terminations at the sponsor's request, and both reduced participants' 
benefits as of the date of plan termination, as required by law. Thus, 
we found that although nearly 60 percent of the individuals associated 
with the US Airways pilots' plan were affected by one or more of the 
guarantee limits (see table 2), US Airways was not on the list of 10 
plans most affected by overpayments. (For a more detailed discussion of 
the US Airways plan termination, see appendix V.) 

[28] The accrued-at-normal limit requires guaranteed benefits to be 
calculated based on retirement at the plan's normal retirement age, 
with no survivor benefits. (For more details, see the background 
section, table 1.) 

[29] Phase-in limits apply to benefit changes made during the 5 years 
before plan termination. The term "$20 or 20 percent" means the larger 
of either $20 per month or 20 percent of the benefit increase for each 
full year the increase was in effect prior to termination. (For more 
details, see the background section, table 1.) 

[30] 29 U.S.C. § 1322(b). 

[31] Data reliability issues prevented us from conducting a more 
definitive analysis of total overpayment amounts. For a more detailed 
discussion of these data limitations, see appendix I. 

[32] Based on the Social Security Administration's Cohort Life 
Expectancy Tables for the cohort age 65, as of January 1, 2009, males 
are projected to live another 16.8 to 18.1 years on average, and 
females another 19.2 to 20.6 years on average. PBGC uses different 
tables that project slightly greater life expectancies. In 2009, these 
tables projected healthy males to live another 19.3 years, and healthy 
females to live another 21.8 years. 

[33] PBGC has reserved the right to use its discretion to recoup 
overpayments by methods other than those specifically set out in its 
applicable regulation, and may decide not to recoup net overpayments 
that it determines to be de minimis. 29 C.F.R. §§ 4022.81(a) and 
4022.82(a)(4) (2009). 

[34] In addition, in the last month that benefits are to be reduced to 
repay an overpayment, PBGC policy allows the final monthly reduction 
amount to be waived if the remaining balance due is less than the 
normal monthly reduction amount. 29 C.F.R. § 4022.82(a)(5) (2009). 

[35] If no benefits are being paid, SSA can recover the overpayment 
from federal income tax refunds or from the person's wages and report 
delinquencies to credit bureaus. 

[36] According to SSA's Performance and Accountability Reports, in 
fiscal year 2007, SSA detected $5.1 billion in overpayments and 
collected $2.5 billion. 

[37] 5 U.S.C. § 8346(b). 

[38] According to OPM's annual report, in fiscal year 2008, OPM 
identified $194.1 million in overpayments and recovered $165.9 million 
(including amounts due from prior years). 

[39] Prior to termination, plan sponsors are required to notify 
participants if the plan is significantly underfunded and warn them 
that if the plan is terminated, their benefits must be cut back to 
ERISA levels as of the plan termination date. 29 U.S.C. § 1021. 

[40] PBGC produces an annual newsletter for retirees and a biannual 
newsletter for future retirees. 

[41] For a list of these groups, see appendix II. 

[42] However, if a participant applies to start benefit payments during 
this time, communications would be exchanged between PBGC and the 
participant about the participant's current status, eligibility, and 
benefit amount, based on the requested retirement date. 

[43] For a description of our random selection process, see appendix I. 

[44] We reviewed letters only to determine if they accurately conveyed 
information documented elsewhere in the files. We did not attempt to 
verify PBGC calculations of benefit amounts. 

[45] This triage approach was later formalized in PBGC's Rules for 
Administrative Review of Agency Decisions. 29 C.F.R. § 4003 (2009). 

[46] 29 C.F.R. §§ 4003.52 and 4003.54 (2009). 

[47] More specifically, 27 appeals were closed because the appeal was 
not submitted within the required time frame; 7 were closed because the 
appellant failed to identify a specific error; and 3 were closed 
because the appellant attempted to appeal an issue that cannot be 
appealed through this process. 

[48] When PBGC identifies an error through the appeals process in how 
it interpreted plan provisions, it also typically adjusts the benefits 
of all other similarly-situated participants accordingly; but, 
generally only does so if it results in a higher benefit amount. 

[49] The Administration on Aging currently funds six regional 
counseling projects that provide core services in 27 states for 
individuals who need help in understanding and enforcing their pension 
and retirement savings plan rights. 

[50] 5 U.S.C. § 552. 

[51] Formerly the United Steelworkers of America (USWA); in 2005, the 
union's name was officially changed to United Steel, Paper and 
Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service 
Workers International Union, but is commonly known as United 
Steelworkers. 

[52] 29 U.S.C. 1344. 

[53] 29 U.S.C. 1322(c). 

[54] Before 2006, for any plan that had due and unpaid employer 
contributions, PBGC would value the collectible portion of these 
contributions and include that value as part of the plan assets, as 
determined through adjudication (for example, in bankruptcy) or 
settlement. The Pension Protection Act of 2006 created a new mechanism, 
similar to the recovery ratio used for purposes of section 4022(c), 
that allows PBGC to assign a value to the collectible portion of these 
contributions in order to complete the valuation of the plan more 
quickly. Pub. L. No. 109-280, § 408(b)(2), 120 Stat. 780, 931-32 
(codified at 29 U.S.C. § 1344(f)). 

[55] Based on provisions in the Pension Protection Act of 2006, the 
date that the sponsor files for bankruptcy is treated as the plan 
termination date for purposes of determining the amount of guaranteed 
benefits and allocating assets, if that date is after September 16, 
2006 and the sponsor is still in bankruptcy when the plan actually 
terminates. § 404, 120 Stat. 928 (codified at 29 U.S.C. §§ 1322(g) and 
1344(e)). 

[56] Omnibus Budget Reconciliation Act of 1987, Pub. L. No. 100-203, § 
9312(b)(3)(A)(ii), 111 Stat. 1330, 1330-362--1330-363 (codified at 29 
U.S.C. § 1322(c)). 

[57] This average is known as the Small Plan Average Recovery Ratio 
(SPARR). Before passage of the Pension Protection Act of 2006, this 5- 
year period consisted of the 5 fiscal years before the fiscal year in 
which termination was initiated for the plan in which benefits are 
being determined. The Pension Protection Act of 2006 backed up the 5- 
year period for plans with unfunded nonguaranteed benefits not 
exceeding $20 million. Specifically, the 5-year period was changed to 
consist of the 5 full fiscal years ending with the third fiscal year 
before the fiscal year in which termination was initiated for the plan 
in which benefits are being determined. § 408(a), 120 Stat. 931 
(codified at 29 U.S.C. § 1322(c)(3)(B)(ii). This change allowed 
processing for these plans to be expedited. 

[58] US Airways (pilots) was 2nd on the list of plans most affected by 
guarantee limits, but 18th on the list of plans most affected by 
processing delays, and 27th on the list of plans most affected by 
overpayments. 

[End of section] 

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