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United States Government Accountability Office: 
GAO: 

Report to the Ranking Member, Subcommittee on Energy and Water 
Development, Committee on Appropriations, U.S. Senate: 

April 2011: 

Department Of Energy: 

Progress Made Overseeing the Costs of Contractor Postretirement 
Benefits, but Additional Actions Could Help Address Challenges: 

GAO-11-378: 

GAO Highlights: 

Highlights of GAO-11-378, a report to the Ranking Member, Subcommittee 
on Energy and Water Development, Committee on Appropriations, U.S. 
Senate. 

Why GAO Did This Study: 

The Department of Energy (DOE) relies on contractors to conduct its 
mission activities. DOE reimburses these contractors for allowable 
costs, including the costs of providing pension and other 
postretirement benefits, such as retiree health care plans. Since the 
economic downturn, DOE has had to devote significantly more funding 
toward reimbursing these benefit costs, in part because of a decline 
in interest rates and asset values that has increased contractor 
pension contributions. In a challenging budgetary environment, further 
growth in these costs could put pressure on DOE’s mission work. 
GAO was asked to report on (1) the level of control DOE has over 
contractor pension and other postretirement benefit costs under its 
current business model and (2) the changes DOE has adopted since the 
national economic downturn to manage those costs and the extent to 
which those changes have enhanced its approach. To do so, GAO reviewed 
relevant laws, regulations, and DOE guidance; analyzed agency 
financial data; and interviewed officials. 

What GAO Found: 

Under its current business model, DOE has limited influence over 
contractor pension and other postretirement benefit costs. For 
example, contractors sponsor benefit plans and, as a result, control 
the types of benefits offered to their employees and the strategies 
for investing pension plan assets. DOE nevertheless ultimately bears 
the investment risk incurred by the contractors. Moreover, external 
factors beyond both DOE’s and the contractors’ control, such as 
economic conditions and changes in statutory requirements, can 
significantly affect benefit costs. For example, the investment 
performance of plan assets can affect pension contributions, while 
changes in health care law can affect postretirement benefit payments. 
Even with these constraints, however, DOE can exercise some influence 
over contractor pension and other postretirement benefit costs through 
its oversight efforts, reimbursement policy for contractor benefit 
costs, and contract requirements. Still, the department will 
ultimately have to reimburse the cost of contractor pension benefits 
that have already been accrued. 

Since the economic downturn deepened in 2008, DOE has taken steps to 
enhance its management of contractor benefit costs-—particularly for 
contractor pensions—-but has not comprehensively reviewed its approach 
to managing its contractors’ other postretirement benefit costs, such 
as retiree health care coverage. In addition, DOE has not added 
agencywide information on the costs of its contractors’ other 
postretirement benefits to its annual budget request. As a result, DOE 
may be delayed in identifying options that might better address the 
growth of its reimbursement costs and may not provide important 
information to Congress that could inform annual funding decisions. 
Moreover, while DOE has, for the most part, continued to use the same 
reimbursement policy and contract requirements from before the 
economic downturn, it lacks complete guidance on how program offices 
should evaluate contractor requests to contribute more than DOE’s 
minimum requirement to their pension plans. DOE is therefore unable to 
ensure that its offices decide on contractor requests on the basis of 
consistent criteria reflecting departmentwide goals for managing 
contractor pension costs. In addition, DOE’s existing process for 
having contractors align their benefit packages with DOE’s 
reimbursement standard is incomplete. Specifically, DOE lacks a 
comprehensive timetable for when contractors must modify benefit 
packages whose values exceed DOE’s standard. As a result, only 1 of 
the 16 contractors with benefit packages exceeding DOE’s standard for 
the most recent evaluation period is expected to bring its benefits in 
line with that standard. Further, DOE guidance allows contracting 
officers to waive the requirement for contractors to correct benefit 
packages exceeding DOE’s reimbursement standard, but does not detail 
the criteria contracting officers should follow in making that 
decision or require a review by DOE headquarters. As a result, some 
contractors may continue for an undefined period to accrue liabilities 
and be reimbursed by DOE for benefit packages exceeding the 
department’s reimbursement standard. 

What GAO Recommends: 

GAO recommends, among other things, that DOE comprehensively review 
how it manages contractor postretirement benefit costs and define 
criteria for evaluating contractor requests to contribute more than 
the minimum to their pension plans. DOE agreed with three of GAO’s 
recommendations but disagreed with the need to define such criteria. 

View [hyperlink, http://www.gao.gov/products/GAO-11-378] or key 
components. For more information, contact Mark Gaffigan at (202) 512-
3841 or gaffiganm@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Within Its Current Business Model, DOE Has Limited Influence over 
Contractor Pension and Other Postretirement Benefit Costs: 

DOE Has Taken Steps to Enhance Its Management of Contractor Pension 
Costs but Has Not Comprehensively Reviewed Other Postretirement 
Benefits or Issued Complete Guidance: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments and Our Evaluation: 

Appendix I: Comments from the Department of Energy: 

Appendix II: Status of DOE Contractor Defined Benefit Plans: 

Appendix III: Investment Allocation of DOE Contractors' Defined 
Benefit Plans: 

Appendix IV: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Areas of Contractor Control over Benefit Costs: 

Table 2: Areas of Limited DOE Influence over Contractor Benefit Costs: 

Table 3: DOE Contractor Tax-Qualified Defined Benefit Pension Plan 
Asset Allocations, in Percentages and in Dollars, Ranked by Dollar 
Amount of Assets in Equities as of September 30, 2010: 

Figures: 

Figure 1: DOE Contractor Qualified Defined Benefit Plans with 
Liabilities Exceeding $1 Billion: 

Figure 2: DOE Reimbursements for Contractor Pension Contributions and 
Other Postretirement Payments for Fiscal Years 2000 through 2012: 

Figure 3: Distribution of General Funding Requirement Types by DOE 
Contractor Qualified Defined Benefit Plans and as a Percentage of DOE 
Contractor Defined Benefit Liabilities: 

Figure 4: Freeze Status of Current DOE Contractor, Tax-Qualified 
Defined Benefit Plans: Cumulative Number of Freezes by Initial Year of 
Freeze: 

Abbreviations: 

DOE: Department of Energy: 

ERISA: Employee Retirement Income Security Act of 1974: 

NNSA: National Nuclear Security Administration: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

April 29, 2011: 

The Honorable Lamar Alexander: 
Ranking Member: 
Subcommittee on Energy and Water Development: 
Committee on Appropriations: 
United States Senate: 

Dear Senator Alexander: 

The Department of Energy (DOE) spends about 90 percent of its annual 
budget on contracts, making it the largest civilian contracting agency 
in the federal government. Under its decades-old business model, the 
department relies extensively on contractors to manage and operate its 
sites and carry out the bulk of its national security, environmental 
cleanup, and research and development missions. As of September 2010, 
DOE has 46 such contracts with private companies and nonprofit 
organizations, including universities. Under the terms of these 
contracts, DOE reimburses contractors for the allowable costs of 
performing work, including the costs of providing pension and other 
postretirement benefits--such as health care, dental, and life 
insurance benefit plans--to nearly 200,000 current and former 
contractor employees and their beneficiaries.[Footnote 1] The 
contractors sponsor these benefit plans, but DOE is ultimately 
responsible for reimbursing contractors for allowable plan costs. 

Since the economic downturn deepened in 2008, DOE has had to devote 
significantly more funding to reimbursing contractors for the cost of 
these employee pension and other postretirement benefits--in part 
because of a decline in interest rates and asset values, which has 
increased the amount contractors have needed to contribute to their 
pension plans. In fiscal year 2009, the department reimbursed $750 
million in contractor pension costs, more than double the amount it 
had reimbursed in fiscal year 2008 and significantly more than it had 
budgeted for. According to DOE documents, this increase was driven in 
large part by a drop in the interest rate used by contractors to 
calculate their pension plan liabilities, as well as poor asset 
performance due to market declines. At the same time, reimbursement 
costs for its contractors' other postretirement benefits grew by 10 
percent, to $389 million. Both costs remained at similarly high levels 
in 2010 and, according to recent projections, may increase in coming 
years. While these contractor benefit costs represent only a portion 
of total contractor compensation, further growth in these costs in an 
increasingly challenging budgetary environment could put pressure on 
the funding available for DOE's mission-related activities. 

We have previously reported on the challenges DOE faces in managing 
the costs of its contractors' pension and other postretirement 
benefits. In 2004, we noted that these costs were significant and 
growing and recommended that DOE improve its oversight by instituting 
systematic management review of contractor benefit data, extending 
requirements for contractors to regularly assess the value of their 
benefit packages, performing alternative procedures where such an 
extension was not practical, and incorporating a focus on long-term 
costs and budgetary implications of decisions pertaining to each 
component of contractor benefit programs.[Footnote 2] We later found 
that DOE did not always require contractors to modify benefit packages 
that substantially exceeded the value of their competitors' benefits, 
potentially adding billions of dollars in long-term costs that DOE 
would ultimately have to reimburse.[Footnote 3] In 2008, we reported 
that DOE had taken actions to address the cost of benefits contractors 
offered to new employees, but that those actions were not expected to 
substantially affect the department's contractor pension and other 
postretirement benefit costs for the next 20 to 30 years, since 
incumbent employees would continue to earn benefits under existing 
plans.[Footnote 4] 

In this context, you asked us to review DOE's approach to managing its 
contractors' pension and other postretirement benefit costs. 
Accordingly, this report examines (1) the level of control DOE has 
over contractor pension and other postretirement benefit costs under 
its current business model and, (2) within that model, the changes DOE 
has adopted since the national economic downturn and the extent to 
which these changes have enhanced its approach to managing contractor 
pension and other postretirement benefit costs. 

To examine the level of control DOE has over contractor pension and 
other postretirement benefit costs under its current business model, 
we reviewed relevant laws, regulations, contract provisions, and DOE 
guidance to identify contractor and department responsibilities for 
contractor benefit plans. For context, we interviewed DOE headquarters 
officials and site officials responsible for overseeing contractor 
operations at six facilities--East Tennessee Technology Park, Los 
Alamos National Laboratory, Oak Ridge National Laboratory, Sandia 
National Laboratories, the Savannah River Site, and the Y-12 National 
Security Complex--and met with representatives of the contractors 
responsible for managing and operating those facilities. We selected 
this nonrepresentative sample to provide illustrative examples of such 
factors as contractor pension plans with varying funding levels, 
contractor postretirement health care plans with a range of statuses, 
and facilities overseen by different program offices. To obtain 
additional insight, we also met with officials from the Department of 
Defense, the National Aeronautics and Space Administration, and the 
National Institutes of Health to identify how those agencies manage 
contractor benefit costs at government-owned, contractor-operated 
facilities and how their approaches compare with DOE's. We selected 
this nonrepresentative sample of agencies on the basis of the amount 
they have spent on contracts for professional, scientific, and 
technical services at government-owned, contractor-operated facilities 
during the last 5 years. According to Department of Defense officials, 
a small percentage of the department's annual budget is spent on 
contractors for government-owned, contractor-operated facilities. In 
fiscal year 2010, the National Aeronautics and Space Administration 
spent $1.45 billion, or about 8 percent, and the National Institutes 
of Health expects to have spent about $460 million, or about 1.5 
percent, of their respective annual budgets on contracts for 
government-owned, contractor-operated facilities. These proportions 
contrast with DOE's spending about 90 percent, or $22 billion, of its 
annual budget on contracts to operate its facilities. Further, we 
analyzed selected budget, financial, and actuarial data on DOE 
contractor pension and other postretirement benefit plans to determine 
cost and liability trends and summarize plan characteristics. We 
interviewed knowledgeable agency officials about the source of the 
data and the controls in place to maintain their integrity and found 
the data to be sufficiently reliable for the purposes of our report. 
To examine the changes DOE has adopted to enhance its approach since 
the national economic downturn, we synthesized information from DOE 
documentation on these changes, as well as information gathered during 
our interviews. We also analyzed selected DOE contract data and the 
department's budget requests to Congress for fiscal years 2009 through 
2012, as well as the contractors' benefit assessment studies and 
selected reports to DOE on the status and management of their pension 
plans. 

We conducted this performance audit from May 2010 through April 2011, 
in accordance with generally accepted government auditing standards. 
These standards require that we plan and perform the audit to obtain 
sufficient and appropriate evidence to provide a reasonable basis for 
our findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides such a reasonable basis for our 
findings and conclusions based on our audit objectives. 

Background: 

DOE's business model relies on contractors to carry out the bulk of 
the department's mission activities through management and operating 
contracts and other site contracts for operations at DOE-owned 
facilities, while employing federal officials to set mission 
objectives and provide contract oversight. This business model dates 
from the Manhattan Project, when federal officials contracted with 
private companies and universities to develop and produce the atomic 
bomb. Under this business model, contractors manage and operate DOE 
facilities--including research laboratories, production and test 
facilities, and nuclear waste cleanup and storage facilities--located 
throughout the country. Generally, DOE requires these contractors to 
be corporate entities formed for the specific purpose of managing and 
operating a facility and requires the contractors to integrate their 
accounting systems and budget processes with those of the department. 
DOE also generally requires contractors that take over a contract to 
hire the existing contractor workforce at a facility. As a result, 
with the exception of top managers, the workforce at a facility 
generally remains in place despite changes in contractors. DOE 
oversees contractors' activities through its headquarters program 
offices--primarily the National Nuclear Security Administration 
(NNSA), the Office of Environmental Management, and the Office of 
Science--and site offices located at each facility.[Footnote 5] 

Under its business model, DOE reimburses contractors for the allowable 
costs of employee compensation, including benefits such as pension and 
other postretirement benefits. DOE is ultimately responsible for 
reimbursing its contractors for the cost of these benefit plans, and 
reports a liability or asset in its financial statements for the 
funded status--that is, plan obligations minus plan assets--of these 
benefit plans.[Footnote 6] When site contracts are recompeted or 
expire, it is DOE's policy to ensure the continuation of these 
benefits for incumbent contractor employees and eligible retirees by, 
for example, requiring the transfer of benefit plan sponsorship 
responsibilities to a successor contractor or related company. 

Although other federal agencies use contractors to operate facilities 
and reimburse those contractors for their allowable benefits costs, 
DOE is unique in the percentage of its budget that goes to site 
contractors. For example, while the National Institutes of Health 
funds a contractor-operated research facility and requires the 
facility contractor to assume sponsorship of existing employee benefit 
plans, the agency devotes only about 1.5 percent of its budget toward 
this contract. In contrast, 90 percent of DOE's budget goes toward 
such contracts. As a result, a large increase in reimbursement costs 
for contractors' employee benefits is more likely to have a 
significant impact on DOE's budget than a similar increase would for 
agencies devoting a smaller percentage of their budget toward 
contracts for operating government-owned facilities. 

DOE's contractors sponsor pension plans for their employees, including 
both traditional pension plans, known as "defined benefit" plans, and 
401(k) or similar plans, known as "defined contribution" plans. 
[Footnote 7] As of September 2010, DOE was responsible for reimbursing 
contractors for 50 defined benefit plans, including 40 qualified plans 
and 10 nonqualified plans.[Footnote 8] Of the qualified defined 
benefit plans, 37 are private-sector plans while 3 are public-sector 
plans.[Footnote 9] DOE's contractors that sponsor private-sector 
pension plans must comply with the Internal Revenue Code and the 
Employee Retirement Income Security Act of 1974 (ERISA),[Footnote 10] 
which establishes minimum funding standards for the amounts that 
private-sector plan sponsors must set aside in advance to pay benefits 
when they are due.[Footnote 11] DOE's current policy is to reimburse 
contractors for contributions made by the contractors to their 
qualified defined benefit plans and to reimburse contractors for their 
nonqualified plans on a pay-as-you-go basis.[Footnote 12] DOE 
reimburses contractors for their contributions to defined contribution 
plans as well. 

DOE's contractors also sponsor a variety of other postretirement 
benefits plans. Although these benefits can include dental and life 
insurance coverage, the majority of DOE reimbursement costs are for 
retiree health care benefits. As of September 2010, DOE was 
responsible for reimbursing 41 contractors for retiree health care 
payments, although the specific benefits offered to retirees varied 
across contractors. For these other postretirement benefits, DOE's 
contractors typically do not set aside funds in advance because, in 
contrast to requirements for funding pension benefits, there are 
generally no requirements and few incentives to do so. As a result, 
DOE reimburses contractors on a pay-as-you-go basis for the amount 
needed to meet the employer's annual share of these costs, and these 
benefit obligations represent a continuing liability for DOE. 

Since September 1996, DOE Order 350.1, Contractor Human Resource 
Management Programs, has set forth DOE's policy for the oversight and 
reimbursement of contractor benefit plans. In particular, this order 
requires that DOE determine whether contractors' benefit costs are 
reasonable and allowable and therefore reimbursable. To help make this 
determination, DOE Order 350.1 requires that contractors "benchmark" 
the value or cost of their total benefit package by conducting either 
a benefit value or cost study that compares the value or costs of this 
total benefit package to those of comparable organizations.[Footnote 
13] 

A small number of contractor pension plans account for a large 
percentage of DOE's contractor pension liabilities. As shown in figure 
1, 12 plans have liabilities--specifically, projected benefit 
obligations--that exceed $1 billion and account for $31.4 billion, or 
86 percent, of the $36.7 billion in total liabilities represented by 
all DOE contractor qualified defined benefit plans. Within those 12 
plans, pension liabilities are concentrated among a handful of 
contractor plans.[Footnote 14] NNSA oversees contractors that sponsor 
6 of the 12 plans, including the 3 largest plans that, combined, 
account for over one-third of all DOE contractor pension liabilities. 

Figure 1: DOE Contractor Qualified Defined Benefit Plans with 
Liabilities Exceeding $1 Billion: 

[Refer to PDF for image: pie-chart and associated horizontal bar graph] 

Of $36.7 billion in tax-qualified DOE contractor defined benefit 
pension liabilities: 

12 largest plans: 86%; 
28 other plans: 14%. 

Key to primary DOE program providing contract oversight: 

[NNSA] National Nuclear Security Administration; 
[EM] Environmental Management; 
[SC] Science; 
[Other] Other Program Office. 

12 largest plans: 

Plan 1 [NNSA]: 
Liabilities: $4.7 billion; 
Assets: $2.7 billion. 

Plan 2 [NNSA]: 
Liabilities: $4.3 billion; 
Assets: $2.9 billion. 

Plan 3 [NNSA]: 
Liabilities: $3.8 billion; 
Assets: $2.5 billion. 

Plan 4 [EM]: 
Liabilities: $3.1 billion; 
Assets: $1.6 billion. 

Plan 5 [NNSA]: 
Liabilities: $2.9 billion; 
Assets: $1.7 billion. 

Plan 6 [NNSA]: 
Liabilities: $2.1 billion; 
Assets: $1.5 billion. 

Plan 7 [NNSA]: 
Liabilities: $2.0 billion; 
Assets: $1.7 billion. 

Plan 8 [SC]: 
Liabilities: $2.0 billion; 
Assets: $1.5 billion. 

Plan 9 [EM]: 
Liabilities: $2.9 billion; 
Assets: $0.9 billion. 

Plan 10 [SC]: 
Liabilities: $1.8 billion; 
Assets: $1.2 billion. 

Plan 11 [Other]: 
Liabilities: $1.6 billion; 
Assets: $0.9 billion. 

Plan 12 [SC]: 
Liabilities: $1.1 billion; 
Assets: $0.7 billion. 

Source: GAO analysis of DOE data. 

Note: Graphs are based on DOE accounting and actuarial data as of 
September 30, 2010. The names of these plans have been removed because 
DOE believes that the plans' funded status is proprietary. The plan 
numbers in this figure do not necessarily correspond to the same plans 
as numbered in Table 3 of this report. For purposes of describing DOE 
contractor liabilities in a consistent format, we use the projected 
benefit obligation, which is a liability measure that projects benefit 
obligations in accordance with U.S. generally accepted accounting 
principles. Assets are measured as the fair market value of assets, a 
measure also in accordance with U.S. generally accepted accounting 
principles. Amounts reported on a financial accounting basis are not 
the same as figures reported on a statutory funding basis. 

[End of figure] 

As shown in figure 2, DOE's costs for reimbursing contractor pension 
and other postretirement benefits have grown since 2000 and are 
projected to increase in coming years. From fiscal year 2000 to fiscal 
year 2010, DOE's annual costs for reimbursing contractor pension 
contributions ranged from a low of $43 million in 2001 to a high of 
$750 million in 2009. Although projections of future contributions are 
inherently sensitive to underlying assumptions and can change 
significantly over time, DOE estimates, on the basis of data provided 
by its contractors in November 2010, that necessary contractor pension 
contributions may rise markedly in fiscal year 2012--to almost $1.7 
billion--in large part because of expected increases among plans with 
the largest liabilities. Although useful as an indicator of the 
financial pressures that could lie ahead, this projection is subject 
to much uncertainty because of factors that could result in changes in 
the size or timing of needed contributions to meet future years' 
funding requirements. Specifically, projections are particularly 
sensitive to the future economic environment, especially with respect 
to future interest rates and asset returns, and also could be affected 
by legislative changes to funding rules. For example, an October 2009 
DOE analysis showed that projected minimum required contributions 
among the 10 largest contractor pension plans could vary by $2 billion 
or more in any given year during fiscal years 2012 through 2019, 
depending on changes in interest rates. Although DOE's reimbursement 
costs for its contractors' other postretirement benefits have not 
fluctuated as widely as contractor pension costs, those costs have 
grown steadily since 2000 at an average annual rate of 8 percent and 
are currently projected to rise at a slightly higher rate of 9 percent 
over the next 5 years. 

Figure 2: DOE Reimbursements for Contractor Pension Contributions and 
Other Postretirement Payments for Fiscal Years 2000 through 2012: 

[Refer to PDF for image: vertical bar graph] 

Fiscal year: 2000; 
Pensions: $58 million; 
Other postretirement benefits: $205 million. 

Fiscal year: 2001; 
Pensions: $43 million; 
Other postretirement benefits: $226 million. 

Fiscal year: 2002; 
Pensions: $75 million; 
Other postretirement benefits: $243 million. 

Fiscal year: 2003; 
Pensions: $167 million; 
Other postretirement benefits: $264 million. 

Fiscal year: 2004; 
Pensions: $279 million; 
Other postretirement benefits: $342 million. 

Fiscal year: 2005; 
Pensions: $271 million; 
Other postretirement benefits: $306 million. 

Fiscal year: 2006; 
Pensions: $530 million; 
Other postretirement benefits: $328 million. 

Fiscal year: 2007; 
Pensions: $387 million; 
Other postretirement benefits: $334 million. 

Fiscal year: 2008; 
Pensions: $351 million; 
Other postretirement benefits: $354 million. 

Fiscal year: 2009; 
Pensions: $750 million; 
Other postretirement benefits: $389 million. 

Fiscal year: 2010; 
Pensions: $728 million; 
Other postretirement benefits: $385 million. 

Fiscal year: 2011 (projected); 
Pensions: $969 million; 
Other postretirement benefits: $448 million. 

Fiscal year: 2012 (projected); 
Pensions: $1.695 billion; 
Other postretirement benefits: $526 million. 

Source: DOE. 

Note: Amounts listed for fiscal years 2011 and 2012 are projections as 
of November 2010. 

[End of figure] 

Within Its Current Business Model, DOE Has Limited Influence over 
Contractor Pension and Other Postretirement Benefit Costs: 

Under its current business model, DOE has limited influence over 
contractor pension and other postretirement benefit costs. 
Specifically, contractors sponsor the plans and therefore control the 
types of benefits offered employees and the investment strategies for 
allocating pension plan assets; they also determine the amounts paid 
into plans. In addition, external factors beyond both DOE's and the 
contractors' control, such as economic conditions and changes in 
statutory requirements, have significant effects on benefit costs 
incurred by contractors and, in turn, affect the amount of allowable 
costs that DOE reimburses contractors. Despite these constraints, 
however, DOE can exercise some limited influence over contractor 
pension and other postretirement benefit costs through its oversight 
efforts, reimbursement policy, and contract requirements. 

Contractors, Not DOE, Sponsor and Manage Their Employee Benefit Plans: 

DOE has limited influence over contractor pension and other 
postretirement benefit costs under its current business model because 
contractors, not DOE, sponsor the plans. As shown in table 1, 
contractors control the types of benefits offered to employees and the 
benefit plans' design.[Footnote 15] Moreover, contractors are 
responsible for managing those plans, including selecting strategies 
used to invest pension plan assets and determining, within statutory 
requirements, how much is paid into the plans. Because contractors 
control both the design and management of employee benefit plans, 
their decisions can significantly affect the magnitude of benefit 
costs and the volatility of pension contributions. Nevertheless, 
although DOE has limited influence over these decisions, the 
department is responsible for reimbursing its contractors for the 
allowable costs of providing pension and other postretirement 
benefits, including retiree health care, to current and former 
employees and their beneficiaries.[Footnote 16] 

Table 1: Table 1: Areas of Contractor Control over Benefit Costs: 

Benefit plan design: 
* Determine type of pension benefits offered to employees (e.g., 
defined benefit vs. defined contribution pension plan); 
* Determine other postretirement benefits made available to employees 
(e.g., retiree health) and employee share of costs, if any; 
* Control other elements of plan design (e.g., eligibility and vesting 
requirements, formulas used to determine benefits owed to employees). 

Benefit plan management: 
* Determine investment strategies for plan assets; 
* Determine, within statutory requirements, amounts to be paid into 
benefit plans. 

Source: GAO analysis of DOE documents and statements made by DOE 
officials. 

[End of table] 

According to DOE documents and officials, contractors decide what type 
of benefits to provide to their employees and how to design benefit 
plans, and these decisions are part of an overall compensation 
strategy devised to recruit and retain the workers they need to 
fulfill their mission.[Footnote 17] With respect to pensions, 
contractors may offer defined benefit plans, defined contribution 
plans, or both, and the content of the plans may vary. For example, 
the contractor at DOE's Oak Ridge National Laboratory offers both a 
defined benefit plan and a defined contribution plan to all employees, 
while the contractor at DOE's Savannah River Site offers a defined 
benefit plan and a defined contribution plan to employees hired before 
August 1, 2008, but only a defined contribution plan to employees 
hired after that time.[Footnote 18] Contractors may change the pension 
benefits offered to employees, in accordance with ERISA,[Footnote 19] 
and many have been doing so, echoing the overall national trend from 
defined benefit to defined contribution plans.[Footnote 20] For 
instance, the contractor at Sandia National Laboratories changed its 
benefit package so that non-union employees hired after December 31, 
2008, have a defined contribution plan, while existing employees 
remain participants in a defined benefit plan.[Footnote 21] 

Contractors also determine other elements of plan design, such as 
eligibility and vesting requirements, within the parameters set by the 
Internal Revenue Code and ERISA. Moreover, in the case of defined 
benefit plans, contractors determine, among other things, the formula 
used to calculate benefits owed to employees, as well as additional 
provisions affecting costs, such as early retirement. In the case of 
defined contribution plans, they determine how much to match employee 
contributions and what investment options employees will have, among 
other things. 

In addition to their control over pension benefits, contractors also 
control their offerings for other postretirement benefits, and they 
can change these packages as they deem appropriate, subject to DOE 
approval for reimbursement purposes. For example, at Sandia and Los 
Alamos National Laboratories, new hires receive access-only 
postretirement health care benefits, which means that, as retirees, 
they will have to pay the plan's full benefit premiums.[Footnote 22] 
At DOE's Savannah River Site, the contractor has steadily increased 
its retirees' share of health care and dental costs since 2003, 
although the contractor continues to subsidize a portion of the 
premiums. 

Contractors also manage the pension plans they offer, and they have a 
fiduciary responsibility to manage plan assets in the sole interest of 
the plans' beneficiaries.[Footnote 23] The contractors' fiduciary role 
takes precedence over their responsibility to DOE and therefore limits 
DOE's influence over the plans and the associated costs. Plan 
management includes selecting investment strategies for defined 
benefit pension assets.[Footnote 24] In choosing strategies for 
investing defined benefit plan assets, contractors make a trade-off 
between risk and return. For example, bonds, because of their higher 
correlation to pension liabilities, can decrease the volatility in 
plan funding and potentially required contributions. On the other 
hand, equities generally come with greater risk, but also greater 
expected returns relative to bonds. Consequently, investment 
strategies relying relatively more on equity returns are likely to 
provide volatile plan funding and contributions. 

The performance of contractors' investment portfolios can affect the 
contributions contractors make to the plans and, in turn, their 
reimbursable costs. For example, declines in the fair market value of 
plan investments decrease the funded status of the plan.[Footnote 25] 
In such a situation, contractors may be required to increase their 
annual pension contributions over a period of years, which DOE may in 
turn be obligated to reimburse.[Footnote 26] Moreover, volatile 
investment returns can result in fluctuations in pension contributions 
from year to year. As a result, DOE ultimately bears the investment 
risk incurred by the contractor sponsoring the plan. DOE officials 
stated that the agency encourages contractors to make investment 
decisions that reduce volatility but--because DOE's role is limited to 
oversight and contractors have the fiduciary responsibility for plan 
administration--does not provide guidance on how to do so, nor 
otherwise dictate how contractors should allocate plan assets. 

Plan management also includes making decisions about funding 
contractor pension plans. Contractors, not DOE, are responsible for 
determining, within statutory requirements, the amounts they pay into 
their benefit plans. Funding requirements vary among the defined 
benefit plans offered by DOE contractors, making it difficult to 
obtain a clear picture of pension contribution requirements across 
plans and over time. For example, three different sets of funding 
requirements apply to the range of DOE contractor pension plans. 
[Footnote 27] Additionally, three contractor pension plans, including 
the second largest plan, were eligible for special provisions from 
plan year 2008 to plan year 2010, which reduced their plan 
liabilities.[Footnote 28] Figure 3 illustrates the distribution of 
general funding requirement types among DOE contractor pension plans. 

Figure 3: Distribution of General Funding Requirement Types by DOE 
Contractor Qualified Defined Benefit Plans and as a Percentage of DOE 
Contractor Defined Benefit Liabilities: 

[Refer to PDF for image: 2 pie-charts] 

Percentage of defined benefit plans by applicable funding rules: 

Private sector: Single-employer plan: 80% (32 plans); 
Private sector: Special rule for government contractor plan: 8% (3 
plans); 
Private sector: Multiemployer plan: 5% (2 plans); 
Public sector: State university plan: 8% (3 plans). 

Percentage of projected benefit obligations by applicable funding 
rules: 

Private sector: Single-employer plan: 52% ($19.1 billion); 
Private sector: Special rule for government contractor plan: 13% ($4.7 
billion); 
Private sector: Multiemployer plan: 6% ($2.4 billion); 
Public sector: State university plan: 29% ($10.5 billion). 

Source: GAO analysis of DOE data. 

Note: Charts are based on DOE accounting and actuarial data as of 
September 30, 2010. For purposes of describing DOE contractor 
liabilities in a consistent format, we use the "projected benefit 
obligation," which is a liability measure that projects benefit 
obligations in accordance with U.S. generally accepted accounting 
principles. Percentages may not sum to 100 percent because of 
rounding. The sponsoring contractors of the three "special rule" plans 
have been eligible for a special government contractor provision that 
allows the plan to discount the actuarial value of plan liabilities in 
such a way that, all else equal, reduces plan liabilities relative to 
certain other private-sector plans. To be eligible for this special 
rule, a plan must be a private-sector plan maintained by a corporation 
whose primary source of revenue is derived from business with the U.S. 
government and is subject to federal and defense acquisition 
regulations. Revenues from such business must exceed $5 billion, and 
pension plan costs must be assignable to a particular accounting 
standard. With respect to funding, this provision allowed eligible 
contractors to measure liabilities using an alternative rate for plans 
years beginning after December 31, 2007, and potentially extending 
through January 1, 2011. 

[End of figure] 

Contractors, according to the funding requirements applicable to their 
qualified pension plans, determine the minimum contribution they must 
make to the plans.[Footnote 29] A contractor's minimum contribution is 
generally considered an allowable cost for reimbursement by DOE 
because the contractor incurs this cost to meet its contractual 
obligation with DOE to maintain the pension plan's eligibility for 
favorable tax treatment under the Internal Revenue Code.[Footnote 30] 
While contractors are obligated to pay only the minimum required 
contribution, under DOE policy they can also ask the department to 
reimburse them if they contribute more than the minimum. A contractor 
might choose to contribute more than the minimum in the current year 
to, for example, avoid benefit restrictions that would otherwise come 
into effect on the basis of the pension plan's funding level.[Footnote 
31] In addition, a contractor might wish to contribute more than the 
minimum to build credit balances that it could use in future years to 
try to level the amount it budgets for pension contributions.[Footnote 
32] 

External Factors beyond DOE and Its Contractors' Control Can 
Significantly Affect Benefit Costs: 

External factors over which DOE and its contractors have no control, 
including economic conditions and changes in statutory requirements, 
can significantly affect contractor reimbursement costs. For instance, 
changes in economic conditions can significantly affect necessary 
pension plan contributions, which are, in part, determined by 
actuarial assumptions about the future, and these assumptions are used 
to calculate the value of plan assets and liabilities, such as 
employee turnover, and compensation increases. Furthermore, minimum 
contribution requirements can vary from year to year as the result of 
fluctuations in the investment performance of plan assets. For 
example, the significant decline in value of the financial markets in 
2008 caused a considerable drop in plan assets. In addition, changes 
in the interest rate can significantly affect contractor pension 
contributions.[Footnote 33] For instance, according to DOE officials, 
a drop in interest rates has contributed to increases in calculated 
plan liabilities, which, along with other factors, has led to a 
significant increase in contractor pension contributions. Officials 
further noted that, in part because of recent economic conditions, 
some contractors contributed to their pension plans for the first time 
in years.[Footnote 34] For example, a contractor at Oak Ridge National 
Laboratory told us that in fiscal year 2010, in part as a result of 
the recent financial market crisis and changing interest rates, it 
budgeted for the first contributions to the site's defined benefit 
plan since 1984.[Footnote 35] The variability in investment returns 
and interest rates, which influences the calculation of plan 
contributions, also adversely affects DOE's ability to accurately 
forecast the costs of pension contributions in its budget 
requests.[Footnote 36] 

Changes in economic conditions can also affect other postretirement 
benefit costs.[Footnote 37] Changes in health care and other cost 
trends can influence the cost of these benefits and, in turn, the 
amount that must be reimbursed by DOE. For example, officials at DOE's 
Savannah River Site explained that as health care costs increase 
nationally, the cost of providing retiree health care to their 
employees has also increased. Los Alamos National Laboratory officials 
attributed their rising health care costs to a variety of factors, 
including increases in emergency room and radiology costs. 

Changes in statutory requirements can also have a significant effect 
on contractor benefit costs. For example, the funding requirements 
that govern a large majority of DOE contractor private-sector pension 
plans have been changed or significantly amended over the last 5 
years. One of the most sweeping amendments to ERISA and the minimum-
funding rules occurred with the passage of the Pension Protection Act 
of 2006.[Footnote 38] This act--prompted, in part, by the default of 
several large pension plans--increased the minimum funding 
requirements for pension plans and sought to strengthen the private 
pension system.[Footnote 39] Many of the funding rule changes for 
single-employer plans came into effect slowly, however, and included 
special rules that provided funding relief for certain plan sponsors. 
Additionally, almost as soon as the act began to take effect in 2008, 
the economy weakened, and further statutory and regulatory changes 
occurred that had the overall effect of reducing or delaying pension 
contributions that would otherwise have been required.[Footnote 40] 
The number and timing of statutory and regulatory changes since the 
enactment of the Pension Protection Act of 2006 makes it difficult to 
determine how much of an effect the law has had on contractor 
contribution requirements. During our site visits, some contractors 
reported an increase to their minimum required contributions since the 
act's implementation, but these increases are the combined result of 
multiple factors, including economic and demographic experience and 
legislative changes. Contractor costs for other postretirement 
benefits can also be influenced by changes in statutory requirements. 
For instance, according to DOE documentation, passage of the Patient 
Protection and Affordable Care Act in 2010[Footnote 41] may affect 
contractors' other postretirement benefits in a variety of ways, such 
as by levying an excise tax on high-cost health plans. 

DOE Can Exercise Some Influence over Benefit Costs through Its 
Oversight Efforts, Reimbursement Policy, and Contract Requirements: 

Despite the constraints posed by DOE's current business model, our 
analysis of DOE documents--including department policy, budget 
documents, and contract provisions--indicates that the agency has 
several means--oversight efforts, reimbursement policy, and contract 
requirements--by which it can exercise some limited influence over 
contractor pension and other postretirement benefit costs (see table 
2). While DOE will ultimately have to reimburse the cost of contractor 
pension benefits that have already been accrued, it can use these 
means to exert some influence over future benefit costs. 

Table 2: Areas of Limited DOE Influence over Contractor Benefit Costs: 

Oversight: 
Determines the amount of detailed information collected from 
contractors on benefit costs and the degree to which the information 
is reviewed and communicated to others (e.g., congressional decision 
makers); this does not directly control costs, but it does increase 
awareness of cost management and encourages discussion with 
contractors on ways to mitigate costs. 

Reimbursement policy: 
Establishes requirements defining the extent to which contractor 
benefit costs qualify for reimbursement (e.g., approving any benefit 
plan changes that affect reimbursement, defining the amount of pension 
contributions that DOE will reimburse the contractor). 

Contract requirements: 
Establishes contract provisions defining degree of flexibility that 
contractors have in structuring and changing their benefit packages. 

Source: GAO analysis of DOE documents. 

[End of table] 

First, DOE decides its degree of oversight over benefit costs, 
including the amount of detailed information related to these costs 
that it collects and reviews and the extent to which it communicates 
that information to department officials and congressional decision 
makers. While DOE's oversight efforts do not control costs directly, 
according to department officials, they help increase awareness of 
cost management on the part of both the department and contractors and 
can encourage discussion between the two on ways to mitigate costs 
where appropriate. Specifically, DOE determines the amount of 
information contractors must provide about benefit costs and the 
frequency with which they must do so, the degree of departmental 
review, and how readily available that information is to decision 
makers. For instance, DOE policy requires contractors to periodically 
assess their benefit packages and submit the results of these 
evaluations to the department. Generally, the contractor must take 
corrective action if the value of the benefit package exceeds 105 
percent of comparable companies' plans.[Footnote 42] Moreover, DOE 
requires contractors to provide the department with cost projections 
and information on direct and indirect costs as they relate to pension 
and other postretirement benefits. 

Second, through its reimbursement policy, DOE sets requirements that 
determine the extent to which contractor benefit costs qualify for 
reimbursement. In April 2006, in response to growing liabilities for 
contractor employee benefits, DOE issued Notice 351.1, which provided 
that the department would continue to reimburse contractors for the 
allowable benefit costs for incumbent employees and eligible retirees 
but limit reimbursement for new employees to the costs of "market- 
based" pension and health benefit plans. A pension plan was deemed 
market-based when, among other things, the plan was a defined 
contribution plan. In June 2006, however, DOE suspended the notice, 
and in response to stakeholder and congressional concerns, 
subsequently decided not to reissue it.[Footnote 43] Although the 
policy change was ultimately reversed, it demonstrated that DOE can 
potentially use its reimbursement policy to exercise some influence 
over contractor benefit packages. Currently, DOE policy provides for 
reimbursement of a contractor's minimum required pension contribution 
while giving program offices the discretion to approve higher 
reimbursement levels. In addition, in accordance with department 
policy, contractors must obtain DOE approval for any plan changes that 
can affect reimbursement costs. In asking to change a plan, a 
contractor must submit justification that, among other things, 
estimates savings or costs and provides the basis for this 
determination. 

Third, DOE establishes contract requirements that determine the degree 
of flexibility contractors have in structuring and modifying their 
benefit packages and, through these requirements, can exercise some 
influence over contractor decisions on benefits. Although DOE cannot 
unilaterally alter an existing contract, it can negotiate with a 
contractor to include new provisions in an existing contract, as well 
as in a contract that is extended or newly awarded. By contractually 
obligating successor contractors to assume sponsorship of existing 
benefit plans, DOE has generally required that benefits be continued 
for existing employees and eligible retirees. Since 2005, however, the 
department has used a contract provision requiring contractors to 
provide market-based pension and health care benefit plans for new 
employees.[Footnote 44] As a result, some contractors have shifted 
from providing all employees defined benefit plans to offering new 
employees defined contribution plans, and some contractors have also 
stopped providing other postretirement benefits to new employees. For 
example, in 2006, the new contractor that assumed responsibility at 
Los Alamos chose to offer new employees only a defined contribution 
plan, while giving incumbent employees who worked at the site before 
the transition the option of participating in a defined benefit plan 
or the defined contribution plan.[Footnote 45] The contractor at 
Savannah River also closed its defined benefit plan to employees hired 
after 2009 and, in addition, ceased offering some other postretirement 
benefits to new employees. According to NNSA officials, NNSA is now 
exploring a further shift in contract requirements for sites it 
oversees, to allow successor contractors to alter existing employees' 
benefit packages.[Footnote 46] 

DOE Has Taken Steps to Enhance Its Management of Contractor Pension 
Costs but Has Not Comprehensively Reviewed Other Postretirement 
Benefits or Issued Complete Guidance: 

Since the economic downturn deepened in 2008, DOE has taken steps to 
enhance its management of contractor benefit costs--particularly for 
contractor pensions--but gaps remain in its approach. Before 2008, DOE 
had made some changes but had not exercised the full range of measures 
at its disposal. Since then, DOE has taken additional steps to address 
its approach to contractor benefit costs, but more could be done. 
Specifically, DOE has strengthened its oversight of contractor pension 
costs, but it has yet to review its approach to overseeing other 
postretirement benefit costs or to clearly inform Congress of those 
costs and their potential impact on mission work. As a result, DOE may 
be delayed in improving its oversight of those benefits, and 
potentially not provide important information to Congress that could 
inform annual funding decisions. DOE has, for the most part, continued 
to insert the same contract requirements since 2005 and use the same 
reimbursement policy since 1996, but it lacks clarifying guidance to 
ensure a consistent approach to evaluating contractor benefit costs. 
As a result, DOE is unable to ensure that program offices apply that 
policy consistently, and it continues to reimburse contractors for 
benefit packages that have exceeded its standard for a prolonged 
period. 

DOE Has Strengthened Its Oversight of Contractor Pension Costs, but It 
Has Yet to Review and Clearly Communicate to Congress the Cost of 
Other Postretirement Benefits: 

DOE has strengthened its oversight of contractor pension costs by 
changing how it collects, analyzes, and communicates information on 
those costs. First, in a January 2010 memo, the department announced 
the creation of an annual review process to more systematically 
analyze the status of each contractor's pension plan and the 
contractor's strategy for managing the plan. Second, DOE created a 
central database in October 2010 to regularly collect and report 
information on contractor benefit costs. Third, DOE increased the 
information it communicates to Congress on contractor pension costs by 
adding an explanation of those costs to its fiscal year 2011 budget 
request. The department has done less on other postretirement benefit 
costs, however. DOE officials had stated that they expected to begin a 
review in spring 2010 of the department's approach to other contractor 
benefits similar to the one done for contractor pensions, but as of 
January 2011, the department has not followed through with these 
plans. Moreover, DOE has not added information to its budget request 
on its contractors' nonpension postretirement benefit costs. While 
contractor pension costs have risen sharply since 2009, the cost of 
other postretirement benefits is also significant and growing. 

In January 2010, DOE set up an annual review process for contractor 
pensions that allows the department to more systematically analyze 
contractor pension data and each contractor's strategy for managing 
its plan. Specifically, DOE guidance requires each contractor to 
submit a standard report on its pension plans at the start of each 
year. This report must include information on the plan's current 
funding status and the contractor's estimates for how much it will 
need to contribute to the plan during the current fiscal year and the 
4 fiscal years after that. In addition, the contractor must provide 
the key assumptions and methods used to develop its estimates. If the 
estimates indicate that a plan's funding level could drop enough to 
force the contractor to impose benefit restrictions, the contractor 
must describe the impact of the benefit restrictions, the number of 
employees the restrictions might affect, the additional funds needed 
to avoid those restrictions, and whether it recommends contributing 
those funds to the pension plan.[Footnote 47] The contractor must also 
include an assessment of its pension plan's investment management and 
the results of its current investment strategy. After contractors 
submit this report, DOE guidance requires contractor personnel to meet 
with department officials from headquarters and the field to discuss 
the contractor's pension strategy and the reasons for any differences 
between its current pension contribution estimates and prior 
estimates. In addition, DOE officials and contractor personnel are to 
discuss how the contractor intends to increase the predictability of 
its pension contributions and contain current and future costs. 
According to DOE guidance, a goal of this annual review process is to 
improve the accuracy and predictability of DOE budget forecasting for 
funding its contracts by requiring contractors to provide their 
estimated contribution amounts to their pension plans, both for the 
immediate year and the subsequent years, on the basis of a range of 
actuarial assumptions. In addition, these discussions are meant to 
provide DOE with opportunities to increase its ability to share 
information concerning contractor costs with key stakeholders across 
the department. 

DOE has also created a central database to regularly collect 
information on contractor benefit costs, which is intended to 
facilitate analysis, as well as ensure current reporting on those 
costs. DOE set up the database in October 2010 and is requiring 
contractors to regularly update information on their benefit plan 
costs and characteristics. Specifically, DOE guidance requires 
contractors to report on, among other things, their current pension 
assets and liabilities and 5-year budget projections for pension and 
other benefits. Before implementing the database, DOE relied on ad hoc 
data requests to contractors to collect information on pension plans 
and other postretirement benefits. For example, in 2010, DOE requested 
pension and other benefit data from each contractor and shared that 
information in the form of site-specific "snapshots" to all of its 
contractors and program offices. In contrast to these data requests, 
which DOE and contractor officials at several sites found redundant or 
time-consuming, DOE guidance explains that the database is intended to 
provide a structure for capturing information obtained through the 
annual pension review process, as well as to expand data collection to 
other contractor benefits and readily report information on those 
benefits. By scheduling regular data requests and storing information 
in a central system, DOE has taken actions that help to streamline the 
data collection process and facilitate analysis and up-to-date 
reporting on contractor benefit costs. 

While DOE has reviewed its approach to overseeing contractor pension 
plans, it has yet to devote a similar level of attention to other 
postretirement benefits. While our analysis of DOE financial data 
indicates that other postretirement benefit costs have generally been 
less volatile than those of pension plans, these costs have steadily 
risen over the last 10 years, amounting to $385 million in fiscal year 
2010. According to federal standards for internal control, federal 
agencies are to employ internal control activities, such as top-level 
review, to help ensure that management's directives are carried out 
and to determine if the agencies are effectively and efficiently using 
resources to assess risks from both internal as well as external 
sources.[Footnote 48] Consistent with these standards, DOE has 
collected and analyzed some information on the risk it faces from 
other postretirement benefits. For example, in May 2010 DOE issued a 
summary of its analysis on contractor pension plan and other benefits, 
including postretirement health care benefits. But it has not 
comprehensively reviewed its approach to overseeing those benefits or 
correspondingly changed its policy on how it manages other contractor 
benefit costs. DOE officials had stated that they expected to begin a 
review of benefits other than pensions in spring 2010. As of January 
2011, however, DOE had yet to begin its planned review, according to 
an agency official, because of the department's continuing work on 
contractor pensions. This official stated that the department still 
planned to review its approach to other postretirement benefits, but 
it was not clear when the review would begin. 

Without comprehensively reviewing its approach to overseeing other 
contractor benefits, including postretirement benefits other than 
pensions, DOE may be delayed in improving its oversight of those 
benefits and identifying policy options that might reduce or better 
address the growth of reimbursement costs. For example, in a 2004 
report on this topic, we recommended that DOE incorporate into its 
oversight process a focus on the long-term costs and budgetary 
implications of decisions pertaining to each component of contractor 
benefit programs, especially pension and postretirement health 
benefits, which have budgetary requirements beyond the current year. 
[Footnote 49] DOE has taken steps to incorporate such a focus into its 
oversight of contractor pension costs through its annual review 
process, but it has yet to incorporate a similar focus on long-term 
costs and budgetary implications into its oversight process for other 
postretirement benefit costs. Further, while DOE reimburses other 
postretirement benefits on a pay-as-you-go basis, an option for 
addressing its liabilities is to reimburse contractors for prefunding 
some or all retiree benefits, particularly those associated with 
health care, before employees retire. By reimbursing contractors for 
prefunding these benefits, DOE may be able to reduce the unfunded 
liability reported in its financial statements and take advantage of 
the compounding effects of investment returns on plan assets. 
Nevertheless, while prefunding more effectively recognizes costs when 
the associated work is being performed, in the short term prefunding 
might require higher contractor contributions, which would in turn 
increase DOE's short-term reimbursement costs. In addition, 
opportunities for prefunding other postretirement benefits and 
nonqualified pension benefits are more restricted than for tax-
qualified benefits. By not comprehensively reviewing its approach to 
its contractors' other postretirement benefits, DOE has yet to 
systematically weigh the advantages and disadvantages of these and 
other potential policy changes that might enhance its approach. 

Moreover, although DOE has taken steps to improve its communication to 
Congress of key information concerning contractor pension costs, it 
has yet to provide similar information on the costs of other 
postretirement benefits and their potential impact on mission work. 
DOE expanded the information it provides to Congress in its fiscal 
year 2011 budget request by adding a discrete section explaining 
contractor pension costs.[Footnote 50] This section outlined 
contractor pension costs for the upcoming fiscal year and 2 prior 
years by program office and site. In addition, the section included a 
discussion of the challenges and risks DOE faces in managing 
contractor pension costs. The addition of this information is an 
improvement over prior budget requests, which included only isolated 
references to contractor pension costs and did not provide an 
agencywide picture of the magnitude of those costs. But DOE did not 
provide the pension information in a format consistent with the 
appropriation accounts that Congress uses to provide funding to the 
department. As a result, the information may be less useful to 
Congress than it otherwise could be. Moreover, DOE did not include 
agencywide information on other postretirement benefit costs in its 
fiscal year 2011 request, nor did it add such information to its 
fiscal year 2012 request. Yet DOE reimbursements to contractors for 
other postretirement benefits have risen steadily from roughly $306 
million in fiscal year 2005 to $385 million in fiscal year 2010. By 
not including an explanation of these costs in its budget request, DOE 
is not providing Congress with complete information on the full cost 
of its contractor retirement benefits and their potential impact on 
the resources DOE has available to accomplish its mission work. As a 
result, Congress lacks important information that could inform its 
annual funding decisions. 

DOE Has Largely Continued Its Existing Contract Requirements and 
Reimbursement Policy but Lacks Clarifying Guidance to Ensure a 
Consistent Approach to Contractor Benefit Costs: 

DOE has, for the most part, continued to insert the same contract 
requirements since 2005 and use the same reimbursement policy from 
1996, but it lacks complete guidance on how program offices should 
evaluate contractor requests to contribute more than the minimum 
required to their pension plans, and it also lacks a comprehensive 
timeline for modifying contractor benefit packages with values that 
exceed DOE standards. DOE has inserted language into new and renewed 
contracts that ties the reimbursement of contractor benefit costs for 
new employees to market-based benefit packages and increases how 
frequently contractors must assess their benefit packages. DOE Order 
350.1 does not reflect these updated requirements, although DOE 
officials said the department plans to revise the order by removing 
certain sections and adding applicable provisions to its acquisition 
regulations. But because of procedural delays and the sensitive nature 
of the order's content, officials stated they do not expect this 
revision of the order for some time. 

Aside from a brief change in 2009, DOE has largely maintained its 
reimbursement policy for contractor benefits.[Footnote 51] The Office 
of Management and Budget's implementing guidance emphasizes the need 
for agencies to develop policies that ensure the effectiveness and 
efficiency of their operations. In keeping with this guidance, DOE's 
policy, as reflected in DOE Order 350.1, is to reimburse contractors 
for the minimum amount required by ERISA or more on a case-by-case 
basis.[Footnote 52] Also in keeping with Office of Management and 
Budget guidance, DOE reimbursement policy defines the reasonableness 
of reimbursement costs by requiring contractors to benchmark the value 
of pension and other benefits with those of comparable companies and 
to reduce the value of benefits if they exceed the overall benchmarked 
average by more than 5 percent. 

Nevertheless, DOE lacks complete guidance on how its program offices 
should evaluate contractor requests to contribute more than the 
minimum required to their pension plans in order to carry out this 
revised policy. In particular, DOE has not outlined a standard process 
or criteria for evaluating requests to contribute more. Despite Office 
of Management and Budget criteria, DOE program officials we 
interviewed were not aware of any departmentwide guidance on factors 
to consider when deciding to approve or deny contractor requests to 
contribute more than the minimum. For instance, DOE does not specify 
whether program offices should place a higher priority on minimizing 
contribution volatility or reducing cost when evaluating contractor 
requests.[Footnote 53] As a result, DOE's program offices use 
different evaluation procedures and may not consider the same factors 
when deciding whether to approve or deny contractor reimbursement 
requests. 

By using different evaluation procedures, DOE program offices may 
implement DOE's reimbursement policy inconsistently. For example, 
according to DOE officials, NNSA and the Office of Science have 
generally approved contractor requests to contribute additional funds 
to their pension plans for reasons such as leveling site or program 
office budget costs, while the Office of Environmental Management has 
generally denied such requests and instead directed those additional 
funds toward mission work. In particular, one site official stated 
that Environmental Management's denial of a contractor request to 
contribute more than the minimum in 2010, with the intent of reducing 
future reimbursement costs, prompted the site to alter its planned 
budget allocations and mission work. Additionally, this denial 
resulted in a drop in the plan's funding to a level at which plan 
restrictions went into effect for employees. In contrast, NNSA 
approved a similar request aimed at managing the anticipated rise in 
future pension costs. NNSA officials stated that in making these 
decisions, the office considers whether the contractor has made a 
compelling case that the higher contribution will reduce or level 
future budget costs. According to another DOE official, the Office of 
Science uses a set of criteria based on prior pension management 
performance, as well as an analysis of the contractor's assumptions 
and investment strategies. An official from the Office of 
Environmental Management stated that, unlike NNSA and the Office of 
Science, the office will not reimburse pension contributions exceeding 
the minimum unless funding at the minimum level would restrict 
benefits. Without standard guidance for its program offices, DOE is 
unable to ensure that its offices are deciding on contractor requests 
on the basis of consistent criteria reflecting departmentwide goals 
for managing contractor pension costs. As a result, program offices 
may not systematically consider both near-term mission needs and 
potential spikes in future reimbursement costs when reaching their 
decisions. 

In addition, DOE's existing process is incomplete for correcting 
contractor benefit packages that exceed its reimbursement standard. 
Specifically, DOE lacks a comprehensive timetable for when a 
contractor must modify the value of its benefit package to fall within 
DOE's reimbursement standard. DOE requires contractors to regularly 
assess whether the value of their benefit packages is reasonable 
relative to comparable companies and to take corrective actions if 
they do not meet that standard.[Footnote 54] Specifically, DOE 
guidance requires contractors to implement corrective action plans if 
the assessments, known as value studies, show that the value of a 
contractor's benefit package is more than 5 percent of the average 
value of 15 selected entities in similar lines of industry.[Footnote 
55] DOE guidance stresses that the goal of the value study is to 
measure the relative worth of a contractor's total benefits package, 
regardless of the actual payroll costs associated with the benefits. 
[Footnote 56] 

DOE guidance requires contractors to implement corrective action plans 
within 2 years, but the guidance does not include a defined timeline 
by when contractors must submit, and DOE contracting officers must 
decide whether to approve, contractors' corrective action plans. As a 
result, some contractors with benefit package values exceeding 105 
percent may spend several years developing corrective action plans. 
From our analysis of DOE data, of the 20 contractor benefit packages 
most recently assessed as exceeding the 105 percent standard, 3 were 
being corrected as of February 2010. Of those 3 benefit packages, one 
is expected to be reduced to below DOE's standard, but another is 
expected to exceed DOE's standard even after the contractor finishes 
taking its corrective actions, and it is unclear whether the third 
benefit package's corrective actions will bring the score to below 
DOE's standard.[Footnote 57] Contractors for 5 benefit packages that 
exceed DOE's standard, some from as early as 2008, have yet to 
implement corrective action plans, either because the contractors are 
developing them or because DOE has yet to approve them.[Footnote 58] 
For example, one contractor whose August 2008 value study showed its 
benefits exceeding the threshold value does not yet have an approved 
corrective action plan, more than two and a half years after 
discovering its benefits were too high. According to a DOE document, 
the contractor submitted a corrective action plan that was disapproved 
by NNSA and, after analyzing different alternatives at NNSA's request, 
decided to resubmit its original plan for reconsideration. As of 
February 2011, NNSA had notified the contractor that approval of its 
corrective action plan was being deferred pending the results of the 
contractor's 2011 value study. In another instance, DOE directed a 
contractor to develop a corrective action plan in May 2010 after the 
contractor's July 2009 value study exceeded DOE's standard. According 
to a DOE document, the contractor submitted a corrective action plan 
in September 2010, but that plan has yet to be approved by NNSA 
because the plan, as submitted, was lacking in detail. As a result, 
only one contractor with benefit packages exceeding DOE's standard for 
the most recent evaluation period is expected to bring its benefits in 
line with DOE's requirements. 

Furthermore, DOE guidance states that, on the basis of a contractor's 
written justification, contracting officers may waive the requirement 
for contractors to develop a corrective action plan. But neither DOE 
policy nor guidance provide details on the process the contracting 
officers should use or the factors they should consider when deciding 
whether to waive the corrective action plan requirement. Moreover, the 
DOE headquarters offices with responsibility for overseeing contractor 
human resource management issues are not required to review the 
contracting officers' decisions to issue waivers.[Footnote 59] In 
addition, a DOE official stated that the agency does not have 
departmentwide criteria for evaluating contracting officers' rationale 
for waiving corrective action. As a result, DOE lacks assurance that 
contractor requests to waive corrective action plans are being 
consistently evaluated across the department or that decisions to 
allow benefit plans to remain above DOE's standard--sometimes 
significantly--are based on departmentwide criteria.[Footnote 60] For 
the most recent value study, our analysis of DOE data showed that 
contracting officers issued waivers to eight contractors for a range 
of reasons, including marginal differences between DOE's standard and 
the contractor's score and recognition of a contractor's previous 
efforts to reduce its score. Also according to DOE data, officials 
waived the requirement for one contractor whose score exceeded the DOE 
standard in part because of opposition from the site's employee group. 
As a result, contractors whose scores exceed DOE's standard may remain 
above that level for an undefined period and continue to accrue 
liabilities and be reimbursed for the cost of benefits that may not 
meet DOE's standard. 

Conclusions: 

Given DOE's long history of using contractors to accomplish its 
mission and its growing unfunded liabilities for contractor pension 
and other postretirement benefits, it is important that DOE manage its 
contractual obligations associated with those benefits so as to ensure 
both the successful accomplishment of its mission objectives and the 
cost-effective use of government resources. While contractor 
retirement benefits are only one piece of total contractor 
compensation, in an era of federal budget constraints, DOE will likely 
continue to face significant challenges managing the costs of those 
benefits and mitigating their impact on funding available for the 
department's mission activities. In particular, in some cases it will 
have to reimburse the costs of the substantial pension liabilities its 
contractors have accumulated over decades. While the volatility of 
pension contributions and the growth in other postretirement benefit 
costs are not unique to DOE's contractors, the department's extensive 
reliance on contractors and its limited influence over their benefit 
packages makes the department's budget particularly sensitive to these 
factors. DOE's recent review of contractor pension plans and the 
resulting oversight and transparency improvements are positive steps. 
Nevertheless, DOE has yet to comprehensively review its approach to 
managing other postretirement benefit costs as it has for contractor 
pensions, although the cost of these benefits is growing and could put 
pressure on the department's budget in coming years. Without 
comprehensively reviewing its approach to managing other contractor 
benefit costs, DOE may miss opportunities to make policy changes that 
could improve oversight, enhance efficiency, and potentially reduce 
its reimbursement costs in the future. 

Moreover, given the potential magnitude of contractor benefit costs, 
it is important that DOE keep Congress informed about amounts budgeted 
for all such costs, the factors that affect those costs, and the 
department's plans for mitigating possible mission impacts if 
contractor benefit costs rise. DOE is collecting this information from 
its contractors but, with the exception of defined benefit plans, has 
yet to provide Congress with agencywide information on contractor 
benefit costs for use in annual budget deliberations. Without this 
information, policymakers will not have a full understanding of the 
context in which they are making funding decisions or of how benefit 
reimbursement costs might affect the department's mission work in 
coming years. 

It is also important that DOE consistently apply its policies for 
overseeing and reimbursing contractor benefit costs to ensure timely 
compliance by all contractors. Without consistent criteria for program 
offices to consider when evaluating contractor requests to contribute 
more to their pensions than the minimum required by law, department 
management lacks assurance that its offices are systematically 
considering both near-term mission needs and potential spikes in 
future reimbursement costs when reaching their decisions. Furthermore, 
without a defined timetable for when corrective action plans need to 
be in place or clear criteria for DOE contracting officers to use in 
deciding to waive corrective action, DOE will continue to have 
contractor benefit packages with values exceeding its standards and 
will accrue additional liabilities--which the department must 
ultimately reimburse--for an extended period of time. In addition, 
without headquarters review of contracting officer decisions to waive 
corrective action plans, DOE lacks assurance that contractor waiver 
requests are being evaluated consistently across the department. 

Recommendations for Executive Action: 

To further improve DOE's approach to managing contractor pension and 
other postretirement benefit costs, we recommend that the Secretary of 
Energy take the following four actions: 

* Conduct a comprehensive review, similar to the review of contractor 
pensions, of the department's approach to managing other contractor 
benefit costs, including other postretirement benefits, and evaluate 
options for improving oversight and better managing the cost of these 
benefits. 

* Expand the information provided to Congress during its annual budget 
deliberations to include, for example, nonpension postretirement 
benefit costs by site, program office, and appropriation account, as 
well as a discussion of factors that affect these contractor benefit 
costs and DOE's plans for managing those costs in coming years. 

* Issue guidance to program offices overseeing contractors with 
defined benefit plans that defines criteria to be considered when 
evaluating contractor requests to contribute more than the minimum to 
their pension plans. 

* Clarify existing guidance on correcting contractor benefit packages 
that exceed DOE's standard by: 

- establishing a defined timeline by when contractors must submit 
corrective action plans to their DOE contracting officer if the value 
of their benefit package is determined to exceed DOE's standard, as 
well as a timeline for when DOE contracting officers must reach a 
decision on such plans; 

- developing criteria for contracting officers to use when deciding 
whether to waive a required corrective action plan; and: 

- requiring review of these contracting officer decisions by the 
responsible headquarters office to help ensure consistent application 
of the criteria across the department. 

Agency Comments and Our Evaluation: 

We requested comments on a draft of this report from the Secretaries 
of Defense, Energy, and Health and Human Services, and from the 
Administrator of the National Aeronautics and Space Administration. 
The Secretaries of Defense and Health and Human Services and the 
Administrator of the National Aeronautics and Space Administration had 
no comments. On April 18, 2011, we received written comments from the 
Department of Energy, which are summarized below and reprinted in 
appendix I. In addition, DOE provided technical comments, which we 
incorporated in the report as appropriate. 

In its written comments, DOE did not state whether it concurred with 
our findings. DOE agreed with three of our recommendations but 
disagreed with the recommendation that the Secretary of Energy issue 
guidance to program offices that defines criteria to be considered 
when evaluating contractor requests to contribute more than the 
minimum to their pension plans. DOE stated that more stringent 
guidance regarding the use of additional funds is not needed and that 
each program office is best suited for determining whether additional 
contributions are the best use of funds in a given year. We did not 
recommend that DOE issue more stringent guidance or that program 
offices should have less flexibility in deciding whether to approve or 
disapprove contractor requests. Rather, we noted that DOE lacks 
complete guidance to its program offices on the common factors that 
they should consider when making their decisions. We agree that 
program offices may reasonably come to different decisions given their 
particular circumstances. Nevertheless, we continue to believe that 
DOE should provide a consistent set of factors for program offices to 
consider when making those decisions. Without such criteria, DOE lacks 
assurance that program offices are systematically considering both 
near-term mission needs and potential spikes in future reimbursement 
costs when reaching their decisions. 

As agreed with your office, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to the 
appropriate congressional committees; Secretaries of Energy, Defense, 
and Health and Human Services; Administrator of National Aeronautics 
and Space Administration; and other interested parties. The report 
will also be available at no charge on GAO's Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-3841 or gaffiganm@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. Key contributors to this report are 
listed in appendix IV. 

Sincerely yours, 

Signed by: 

Mark E. Gaffigan: 
Managing Director:
Natural Resources and Environment: 

[End of section] 

Appendix I: Comments from the Department of Energy: 
			
Department of Energy: 
Washington, DC 20585: 

April 18, 2011: 

Mr. Mark Gaffigan: 
Managing Director, Natural Resources and Environment: 
U.S. Government Accountability Office: 
441 G Street: 
Washington, D.C. 20548: 

Dear Mr. Gaffigan: 

The Department of Energy (DOE or Department) has reviewed the Draft 
Government Accountability Office (GAO) Report entitled "Department of 
Energy Progress Made Overseeing the Costs of Contractor Postretirement 
Benefits, but Additional Actions Could Help Address Challenges" (GA0-
11-378). 

The Department is pleased that the GAO recognizes the progress that 
has been made with respect to providing oversight to the costs 
associated with contractor postretirement benefits while also 
recognizing that additional steps are needed. In addition, we 
appreciate the GAO's recognition of the parameters under which the 
Department operates with respect to contractor benefits. 

In the past year, in an effort to improve oversight, the Department 
has: 

* developed a central repository for pension and postretirement plan 
information which increases the ease in collecting updated information 
from the contractors as well as provides Department users with the 
ability to compare information among the plans and determine trends 
among the contractor populations; 

* acquired the capability to model financial and economic impacts 
across the complex's contractor pension plans; 

* completed the second annual comprehensive pension management plan 
review (as discussed in the Draft Report) that furthers the robust 
interchange between the Department and its Management and Operating 
(M&O) and facilities management contractors; and; 

* initiated the second annual survey of the comprehensive contractor 
employee benefits analysis which will again be shared with the 
contractors and programs as well as compared to industry benchmarks. 
This process continues to encourage contractors to share best 
practices regarding plan management and communicate the Department's 
concerns with respect to the costs associated benefits. 

It is important to note that one of the contributing factors to the 
increased costs associated with the contractor pension plans is the 
change in funding requirements that were imposed by the 2006 Pension 
Protection Act (PPA). The specific changes contributing to the rising 
costs of these plans include: 1) a lower required interest rate to 
value the liabilities; 2) a shorter smoothing period to determine the 
plan assets; and, 3) acceleration of the period over which the 
shortfall must be made up. 

We understand that using the projected benefit obligations and assets 
from the Department's financial statements provides the GAO with a 
straightforward manner of comparing the contractor plans since the 
liabilities for each of the plans are determined using the same 
discount rate (5 percent) and determined as of the same date (September
30, 2010). However, the DOE emphasizes that actual reimbursements of 
pension contributions are based on the much higher interest (discount) 
rates actually used by the plans and on liability figures that do not 
reflect assumed future salary increases as do the liabilities 
disclosed in the Department's financial statements, as shown in Figure 
1 of the Draft Report. Thus, the liabilities used in the comparisons 
are much higher than the liabilities used to determine the 
contributions that are actually reimbursed. 

As mentioned in the Draft Report, there were three single contractor 
employer plans that were exempt from the PPA requirements until fiscal 
year 2011. One of those plans is the second largest contractor plan by 
financial statement measurements, and its reimbursable contributions 
were therefore based on liabilities much less than those shown in 
Figure 1 of the Draft Report. 

It is important to note, that while DOE is not the plan sponsor or the 
employer, DOE does more than reimburse costs for these plans. The DOE 
approved the initial adoption of these plans and must approve any non 
statutory pension plan changes that may increase costs or liabilities. 
While at the time of a new contract, the DOE has generally required 
contractors to assume sponsorship of the defined benefit plans 
covering eligible legacy employees, the contractors have much more 
flexibility with respect to developing benefit packages for other 
employees so long as the packages are designed to attract and retain a 
work force suited to the missions involved. Departmental funding 
policy also clearly states that contractors will be reimbursed for the 
minimum required contribution pursuant to Employee Retirement Income 
Security Act (ERISA), unless the Department approves an exception. 
That policy in turn would be expected to influence the contractor's 
funding decisions with respect to these plans. 

Enclosed are the Department's detailed response to GAO's specific 
recommendations and separate technical and factual comments on 
specific language in the Draft Report. We look forward to working with 
your team on future engagements. 

Sincerely, 

Signed by: 

Christine Marcus: 
Deputy Chief Financial Officer: 

[End of letter] 

GAO-11-378: "Department of Energy Progress Made Overseeing the Costs of
Contractor Postretirement Benefits, but Additional Actions Could Help 
Address Challenges" 

Response to the GAO Recommendations for Executive Action: 

Recommendation 1: Conduct a comprehensive review, similar to the 
review of contractor pensions, of the department's approach to 
managing other contractor benefit costs, including other 
postretirement benefits to evaluate options for improving oversight 
and better managing the costs of these benefits. 

DOE Comment: DOE agrees that the postretirement benefits programs of 
contractors would benefit from additional oversight from the DOE. In 
connection with the benefits survey, the DOE is asking for five year 
projections of postretirement contributions and intends to combine 
information gathered during the survey with the information gathered 
for financial statement purposes in order to make a better 
determination of the expectation of future costs associated with these 
plans. 

The DOE will weigh the advantages and disadvantages of including an 
annual review and discussion of the postretirement benefits at the 
same time that the pension plans are reviewed, or holding the 
postretirement benefits review at a separate time in order to focus 
appropriate attention on these benefits. 

Recommendation 2: Expand the information provided to Congress during 
its annual budget deliberations to include, for example, other 
postretirement benefit costs by site, program office, and 
appropriation account, as well as a discussion of factors that affect 
these contractor benefit costs and DOE's plans for managing these 
costs in coming years. 

DOE Comment: The DOE agrees with this recommendation and will prepare 
an additional section of the annual budget request to include other 
postretirement benefits costs by program office. This section of the 
budget request will also include a discussion of factors that affect 
these contractor benefit costs, and the DOE's plans for managing these 
costs in the coming years beginning with the Fiscal Year 2013 Budget 
Request. 

Recommendation 3: Issue guidance to program offices overseeing 
contractors with defined benefit plans that defines criteria to be 
considered when evaluating contractor requests to contribute more than 
the minimum to their pension plans. 

DOE Comment: The DOE does not agree that more stringent guidance 
regarding the use of additional funds is needed. Each program office 
is best suited for determining whether additional contributions are 
the best use of funds in a given year based on the identified mission 
work for the year, the program office's budget, the plan participant 
impacts, the amount of the request, the contractor's rationale for 
additional funding, and the opportunity cost associated with the 
additional funds. 

The GAO report finds as evidence that more guidance is required due to 
the fact that the National Nuclear Security Administration (NNSA) and 
the Office of Science (Science) approved additional funds for the 
pension plans in fiscal year 2010 while the Office of Environmental 
Management (EM) did not. Although the respective program offices 
provided different reasons for approving or denying a request for 
additional funds, making those additional contributions was the best 
use of funds given the needs of the specific program office. 

EM management compared the amount of the contractor's request to 
prevent the plan restrictions with the number of plan participants 
potentially affected by the restrictions (as well as the magnitude of 
the impact on those individuals) and concluded that the amount of 
funding required per participant would not be a cost-effective use of 
DOE funds. 

Given the economic conditions and the unemployment rates at the time, 
EM decided it was more prudent to apply the funds above the ERISA 
minimum contribution reimbursement to mission work rather than to the 
defined benefit pension plan sponsored by an EM contractor. Had EM 
funded the reimbursement of the pension at the level necessary to 
avoid plan restrictions, EM contractors would potentially have had to 
lay off existing employees. 

Although DOE prefers to maintain flexibility to deal with situations 
such as the above on a case by case basis, and thus does not wish to 
establish stringent guidelines, DOE does agree that documenting the 
current process the program offices use to reach the decisions would 
be helpful and will continue to document the basis for the decisions 
made. The DOE will have such documentation in place before the next 
contribution review cycle. 

Recommendation 4: Clarify existing guidance on correcting contractor 
benefit packages that exceed DOE's standard by: 

* Establishing a defined timeline by when contractors must submit 
corrective action plans to their DOE contracting officer if the value 
of their benefit package is determined to exceed DOE's standard, as 
well as a timeline for when DOE contracting officers must reach a 
decision on such plans; 

* Developing criteria for contracting officers to use when deciding 
whether to waive a required corrective action plan. 

DOE Comment: The DOE agrees with this recommendation and will issue 
guidance to the Field Offices that establishes a defined timeline for 
the submission of a corrective action plan when the value of the 
contractor's benefit package exceeds DOE's standard. The guidance will 
also include criteria for contracting officers to use when deciding 
whether to waive a required corrective action plan and when 
contracting officers will be required to seek Headquarters approval. 

[End of section] 

Appendix II: Status of DOE Contractor Defined Benefit Plans: 

The number of current Department of Energy (DOE) contractor defined 
benefit plans open to new entrants has been dropping over the last 
decade, particularly since 2005, while the number of frozen plans has 
increased.[Footnote 61] Of the 40 tax-qualified defined benefit plans 
currently sponsored by DOE contractors, only 1 was frozen as of 2000 
(see figure 4). By 2006, about one-fourth (9) of currently sponsored 
tax-qualified DOE contractor defined benefit plans were frozen in some 
way. By 2010, of the 40 tax-qualified defined benefit plans sponsored 
by DOE contractors, 21 were frozen in some way, and 19 plans were open 
to new entrants. This trend in plan freezes over time is similar to 
the trend discussed in another report, which found that, among 
currently frozen plans nationwide, half of plan freezes were 
implemented after 2005.[Footnote 62] 

Figure 4: Freeze Status of Current DOE Contractor, Tax-Qualified 
Defined Benefit Plans: Cumulative Number of Freezes by Initial Year of 
Freeze: 

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

Number of plans[A]: 

Year: 1998; 
Soft freeze: 0; 
Other freeze (includes site closure or hard freeze): 1. 

Year: 1999; 
Soft freeze: 0; 
Other freeze (includes site closure or hard freeze): 1. 

Year: 2000; 
Soft freeze: 0; 
Other freeze (includes site closure or hard freeze): 1. 

Year: 2001; 
Soft freeze: 1; 
Other freeze (includes site closure or hard freeze): 1. 

Year: 2002; 
Soft freeze: 2; 
Other freeze (includes site closure or hard freeze): 1. 

Year: 2003; 
Soft freeze: 2; 
Other freeze (includes site closure or hard freeze): 1. 

Year: 2004; 
Soft freeze: 2; 
Other freeze (includes site closure or hard freeze): 1. 

Year: 2005; 
Soft freeze: 3; 
Other freeze (includes site closure or hard freeze): 2. 

Year: 2006; 
Soft freeze: 6; 
Other freeze (includes site closure or hard freeze): 3. 

Year: 2007; 
Soft freeze: 11; 
Other freeze (includes site closure or hard freeze): 5. 

Year: 2008; 
Soft freeze: 13; 
Other freeze (includes site closure or hard freeze): 5. 

Year: 2009; 
Soft freeze: 16; 
Other freeze (includes site closure or hard freeze): 5. 

Year: 2010; 
Soft freeze: 16; 
Other freeze (includes site closure or hard freeze): 5. 

Source: GAO analysis of DOE data. 

Note: Graph is based on DOE accounting and actuarial data as of 
September 30, 2010. Plans are listed cumulatively according to their 
currently described freeze. If DOE indicated a current freeze, we 
reviewed plan documents or conferred with DOE to find the initial date 
of the freeze. Thus, we do not track freezes among plans that 
terminated before 2010, and we do not indicate if the initial freeze 
was different from the current freeze. A soft freeze is a type of 
freeze that may reduce future benefit accruals for some or all active 
participants. Closing the plan to new entrants is common among DOE 
contractor plans. A hard freeze is a freeze under which future benefit 
accruals cease for active participants. A site closure is effectively 
like a hard freeze because the plan no longer has any active 
participants. All of the freezes in this “other” category were site 
closures and not hard freezes. Two of the “plans” that we refer to as 
qualified plans are actually defined contribution plans that contain 
separate, defined benefit components. In the case of these components, 
the benefits are funded (and reimbursed by DOE) as if they were a 
single-employer defined benefit plan and thus, as a naming convention, 
we use the term defined benefit plan to refer only to this unique 
component of the larger plans. 

[A] Total number of plans = 40 in 2010, varied in previous years. 

[End of figure] 

[End of section] 

Appendix II: Investment Allocation of DOE Contractors' Defined Benefit 
Plans: 

Table 3 shows the investment allocations of each DOE contractor tax-
qualified defined benefit plan by percentage and dollar values as of 
September 30, 2010. As noted in the report, contractors--not DOE--are 
responsible for selecting strategies used to invest pension plan 
assets. Each tax-qualified, DOE contractor defined benefit plan is 
unique in its investment allocations. For example, certain plans have 
as much as 73 percent of plan assets invested in equities, whereas a 
few plans have no equity investment. The overall mix of assets across 
DOE contractor plans is 58 percent equities, 33 percent bonds, and 9 
percent other assets (see last row of table 3).[Footnote 3] An asset 
allocation of 60 percent equities and 40 percent bonds is often 
considered a "typical" asset allocation for many defined benefit plans. 

Table 3: DOE Contractor Tax-Qualified Defined Benefit Pension Plan 
Asset Allocations, in Percentages and in Dollars, Ranked by Dollar 
Amount of Assets in Equities as of September 30, 2010: 

Plan Number: 1; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 69%; 
Percentage of assets in fixed income: 31%; 
Percentage of assets in other assets: 0%; 
Dollar value of equities assets: $1.982 billion; 
Dollar value of fixed income assets: $890 million; 
Dollar value of other assets: 0. 

Plan Number: 2; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 57%; 
Percentage of assets in fixed income: 25%; 
Percentage of assets in other assets: 18%; 
Dollar value of equities assets: $1.513 billion; 
Dollar value of fixed income assets: $664 million; 
Dollar value of other assets: $478 million. 

Plan Number: 3; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 57%; 
Percentage of assets in fixed income: 25%; 
Percentage of assets in other assets: 18%; 
Dollar value of equities assets: $1.401 billion; 
Dollar value of fixed income assets: $615 million; 
Dollar value of other assets: $443 million. 

Plan Number: 4; 
Responsible Program Office[A]: Environmental Management; 
Percentage of assets in equities: 59%; 
Percentage of assets in fixed income: 35%; 
Percentage of assets in other assets: 6%; 
Dollar value of equities assets: $966 million; 
Dollar value of fixed income assets: $573 million; 
Dollar value of other assets: $98 million. 

Plan Number: 5; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 56%; 
Percentage of assets in fixed income: 44%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $963 million; 
Dollar value of fixed income assets: $756 million; 
Dollar value of other assets: 0. 

Plan Number: 6; 
Responsible Program Office[A]: Science; 
Percentage of assets in equities: 57%; 
Percentage of assets in fixed income: 25%; 
Percentage of assets in other assets: 18%; 
Dollar value of equities assets: $874 million; 
Dollar value of fixed income assets: $383 million; 
Dollar value of other assets: $276 million. 

Plan Number: 7; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 59%; 
Percentage of assets in fixed income: 28%; 
Percentage of assets in other assets: 13%; 
Dollar value of equities assets: $862 million; 
Dollar value of fixed income assets: $409 million; 
Dollar value of other assets: $190 million. 

Plan Number: 8; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 47%; 
Percentage of assets in fixed income: 53%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $806 million; 
Dollar value of fixed income assets: $908 million; 
Dollar value of other assets: 0. 

Plan Number: 9; 
Responsible Program Office[A]: Science; 
Percentage of assets in equities: 61%; 
Percentage of assets in fixed income: 27%; 
Percentage of assets in other assets: 12%; 
Dollar value of equities assets: $725 million; 
Dollar value of fixed income assets: $321 million; 
Dollar value of other assets: $143 million. 

Plan Number: 10; 
Responsible Program Office[A]: Environmental Management; 
Percentage of assets in equities: 58%; 
Percentage of assets in fixed income: 38%; 
Percentage of assets in other assets: 4%; 
Dollar value of equities assets: $539 million; 
Dollar value of fixed income assets: $354 million; 
Dollar value of other assets: $37 million. 

Plan Number: 11; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 56%; 
Percentage of assets in fixed income: 38%; 
Percentage of assets in other assets: 6%; 
Dollar value of equities assets: $489 million; 
Dollar value of fixed income assets: $331 million; 
Dollar value of other assets: $52 million. 

Plan Number: 12; 
Responsible Program Office[A]: Science; 
Percentage of assets in equities: 63%; 
Percentage of assets in fixed income: 32%; 
Percentage of assets in other assets: 5%; 
Dollar value of equities assets: $436 million; 
Dollar value of fixed income assets: $221 million; 
Dollar value of other assets: $35 million. 

Plan Number: 13; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 57%; 
Percentage of assets in fixed income: 25%; 
Percentage of assets in other assets: 18%; 
Dollar value of equities assets: $280 million; 
Dollar value of fixed income assets: $123 million; 
Dollar value of other assets: $88 million. 

Plan Number: 14; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 71%; 
Percentage of assets in fixed income: 29%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $255 million; 
Dollar value of fixed income assets: $105 million; 
Dollar value of other assets: 0. 

Plan Number: 15; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 60%; 
Percentage of assets in fixed income: 3%; 
Percentage of assets in other assets: 37%; 
Dollar value of equities assets: $184 million; 
Dollar value of fixed income assets: $9 million; 
Dollar value of other assets: $114 million. 

Plan Number: 16; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 64%; 
Percentage of assets in fixed income: 36%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $165 million; 
Dollar value of fixed income assets: $93 million; 
Dollar value of other assets: 0. 

Plan Number: 17; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 56%; 
Percentage of assets in fixed income: 1%; 
Percentage of assets in other assets: 43%; 
Dollar value of equities assets: $153 million; 
Dollar value of fixed income assets: $3 million; 
Dollar value of other assets: $117 million. 

Plan Number: 18; 
Responsible Program Office[A]: Environmental Management; 
Percentage of assets in equities: 60%; 
Percentage of assets in fixed income: 35%; 
Percentage of assets in other assets: 5%; 
Dollar value of equities assets: $146 million; 
Dollar value of fixed income assets: $85 million; 
Dollar value of other assets: $12 million. 

Plan Number: 19; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 57%; 
Percentage of assets in fixed income: 25%; 
Percentage of assets in other assets: 18%; 
Dollar value of equities assets: $124 million; 
Dollar value of fixed income assets: $54 million; 
Dollar value of other assets: $39 million. 

Plan Number: 20; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 23%; 
Percentage of assets in fixed income: 71%; 
Percentage of assets in other assets: 6%; 
Dollar value of equities assets: $120 million; 
Dollar value of fixed income assets: $372 million; 
Dollar value of other assets: $31 million. 

Plan Number: 21; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 53%; 
Percentage of assets in fixed income: 42%; 
Percentage of assets in other assets: 5%; 
Dollar value of equities assets: $98 million; 
Dollar value of fixed income assets: $78 million; 
Dollar value of other assets: $9 million. 

Plan Number: 22; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 70%; 
Percentage of assets in fixed income: 28%; 
Percentage of assets in other assets: 2%; 
Dollar value of equities assets: $84 million; 
Dollar value of fixed income assets: $33 million; 
Dollar value of other assets: $2 million. 

Plan Number: 23; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 46%; 
Percentage of assets in fixed income: 50%; 
Percentage of assets in other assets: 4%; 
Dollar value of equities assets: $45 million; 
Dollar value of fixed income assets: $49 million; 
Dollar value of other assets: $4 million. 

Plan Number: 24; 
Responsible Program Office[A]: Environmental Management; 
Percentage of assets in equities: 66%; 
Percentage of assets in fixed income: 34%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $42 million; 
Dollar value of fixed income assets: $22 million; 
Dollar value of other assets: 0. 

Plan Number: 25; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 60%; 
Percentage of assets in fixed income: 40%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $41 million; 
Dollar value of fixed income assets: $27 million; 
Dollar value of other assets: 0. 

Plan Number: 26; 
Responsible Program Office[A]: Environmental Management; 
Percentage of assets in equities: 66%; 
Percentage of assets in fixed income: 34%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $41 million; 
Dollar value of fixed income assets: $22 million; 
Dollar value of other assets: 0. 

Plan Number: 27; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 18%; 
Percentage of assets in fixed income: 82%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $22 million; 
Dollar value of fixed income assets: $98 million; 
Dollar value of other assets: 0. 

Plan Number: 28; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 60%; 
Percentage of assets in fixed income: 35%; 
Percentage of assets in other assets: 5%; 
Dollar value of equities assets: $22 million; 
Dollar value of fixed income assets: $13 million; 
Dollar value of other assets: $2 million. 

Plan Number: 29; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 59%; 
Percentage of assets in fixed income: 4%; 
Percentage of assets in other assets: 37%; 
Dollar value of equities assets: $22 million; 
Dollar value of fixed income assets: $1 million; 
Dollar value of other assets: $13 million. 

Plan Number: 30; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 25%; 
Percentage of assets in fixed income: 67%; 
Percentage of assets in other assets: 8%; 
Dollar value of equities assets: $20 million; 
Dollar value of fixed income assets: $53 million; 
Dollar value of other assets: $6 million. 

Plan Number: 31; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 60%; 
Percentage of assets in fixed income: 40%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $15 million; 
Dollar value of fixed income assets: $9 million; 
Dollar value of other assets: 0. 

Plan Number: 32; 
Responsible Program Office[A]: NNSA; 
Percentage of assets in equities: 64%; 
Percentage of assets in fixed income: 36%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $11 million; 
Dollar value of fixed income assets: $6 million; 
Dollar value of other assets: 0. 

Plan Number: 33; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 73%; 
Percentage of assets in fixed income: 27%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: $9 million; 
Dollar value of fixed income assets: $3 million; 
Dollar value of other assets: 0. 

Plan Number: 34; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 24%; 
Percentage of assets in fixed income: 69%; 
Percentage of assets in other assets: 7%; 
Dollar value of equities assets: $7 million; 
Dollar value of fixed income assets: $21 million; 
Dollar value of other assets: $2 million. 

Plan Number: 35; 
Responsible Program Office[A]: Environmental Management; 
Percentage of assets in equities: 50%; 
Percentage of assets in fixed income: 46%; 
Percentage of assets in other assets: 4%; 
Dollar value of equities assets: $6 million; 
Dollar value of fixed income assets: $6 million; 
Dollar value of other assets: 0. 

Plan Number: 36; 
Responsible Program Office[A]: Environmental Management; 
Percentage of assets in equities: 48%; 
Percentage of assets in fixed income: 30%; 
Percentage of assets in other assets: 22%; 
Dollar value of equities assets: $2 million; 
Dollar value of fixed income assets: $1 million; 
Dollar value of other assets: $1 million. 

Plan Number: 37; 
Responsible Program Office[A]: Other; 
Percentage of assets in equities: 0%; 
Percentage of assets in fixed income: 100%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: 0; 
Dollar value of fixed income assets: $43 million; 
Dollar value of other assets: 0. 

Plan Number: 38; 
Responsible Program Office[A]: Science; 
Percentage of assets in equities: 0%; 
Percentage of assets in fixed income: 100%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: 0; 
Dollar value of fixed income assets: less than $0.1 million; 
Dollar value of other assets: 0. 

Plan Number: 39; 
Responsible Program Office[A]: Science; 
Percentage of assets in equities: 0%; 
Percentage of assets in fixed income: 100%; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: 0; 
Dollar value of fixed income assets: less than $0.1 million; 
Dollar value of other assets: 0. 

Plan Number: 40; 
Responsible Program Office[A]: Science; 
Percentage of assets in equities: -44%[B]; 
Percentage of assets in fixed income: -56%[B]; 
Percentage of assets in other assets: 0; 
Dollar value of equities assets: -$17 million[B]; 
Dollar value of fixed income assets: -$22 million[B]; 
Dollar value of other assets: 0. 

Portfolio across all DOE contractor tax-qualified defined benefit 
plans: 
Percentage of assets in equities: 58%; 
Percentage of assets in fixed income: 33%; 
Percentage of assets in other assets: 9%; 
Dollar value of equities assets: $13.453 billion; 
Dollar value of fixed income assets: $7.732 billion; 
Dollar value of other assets: $2.192 billion. 

Source: GAO analysis of DOE data. 

Note: Table is based on DOE accounting and actuarial data as of 
September 30, 2010. The names of these plans have been removed because 
DOE believes that the plans' asset allocations may be proprietary. The 
plan numbers in this table do not necessarily correspond to the same 
plans as numbered in Figure 1 of this report. Two of the "plans" that 
we refer to as qualified plans are actually defined contribution plans 
that contain separate, defined benefit components. In the case of these 
two components, the benefits are funded (and reimbursed by DOE) as if 
they were a single-employer defined benefit plan and thus, as a naming 
convention, we use the term defined benefit plan to refer only to this 
unique component of the larger plans. 

[A] Other = Office of Civilian Radioactive Waste Management, Office of 
Energy Efficiency and Renewable Energy, Office of Legacy Management, or 
Office of Nuclear Energy. 

[B] Negative asset values are reported because more plan benefit 
payments have been made than contributions on behalf of the contractor 
plan. Thus, these values represent an amount payable by DOE upon 
closing of the contract. 

[End of table] 

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Mark E. Gaffigan, (202) 512-3841 or gaffiganm@gao.gov: 

Staff Acknowledgments: 

Other key contributors to this report were Kimberley M. Granger and 
Diane G. LoFaro, Assistant Directors; Charles Ford; David Marroni; Ken 
Stockbridge; Fatema Wachob; and Marie Webb. Important contributions 
were also made by Joseph A. Applebaum, Ellen W. Chu, Charles Jeszeck, 
Mehrzad Nadji, Robert Owens, Cheryl Peterson, Anne Rhodes-Kline, 
Christopher Ross, Cynthia Saunders, Kiki Theodoropoulos, Roger Thomas, 
Frank Todisco, Craig Winslow, Melissa Wolf, and William Woods. 

[End of section] 

Footnotes: 

[1] Employee pension benefits can include, among others, participation 
in defined benefit and defined contribution plans. In this report, we 
use the term “pension benefits” to refer to benefits provided by 
defined benefit plans unless specifically noted. We focus on defined
benefit plans because DOE’s reimbursement costs for those plans have 
significantly increased since 2008. For information on the differences 
between defined benefit and defined contribution plans, see GAO, 
Answers to Key Questions about Private Pension Plans, [hyperlink, 
http://www.gao.gov/products/GAO-02-745SP] (Washington, D.C.: Sept. 18, 
2002). 

[2] GAO, Department of Energy: Certain Postretirement Benefits for 
Contractor Employees Are Unfunded and Program Oversight Could be 
Improved, [hyperlink, http://www.gao.gov/products/GAO-04-539] 
(Washington, D.C.: Apr. 15, 2004). As of March 2011, we classified one 
of these four recommendations as having been implemented, 
specifically, our recommendation that the department extend, to the 
degree practical, the requirements for contractors to regularly assess 
the value of their benefit packages. 

[3] GAO, Department of Energy: Additional Opportunities Exist for 
Reducing Laboratory Contractors’ Support Costs, [hyperlink, 
http://www.gao.gov/products/GAO-05-897] (Washington, D.C.: Sept. 9, 
2005). 

[4] GAO, Department of Energy: Information on Its Management of Costs 
and Liabilities for Contractors’ Pension and Postretirement Benefit 
Plans, [hyperlink, http://www.gao.gov/products/GAO-08-642R] 
(Washington, D.C.: June 19, 2008). 

[5] NNSA was established in 2000 as a separately organized agency 
within DOE. It is responsible for the nation’s nuclear weapons, 
nonproliferation, and naval reactors programs. 50 U.S.C. § 2401. 

[6] For purposes of describing DOE contractor pension liabilities in a 
consistent format, we use the “projected benefit obligation,” which is 
a liability measure that projects pension benefit obligations in 
accordance with U.S. generally accepted accounting principles. 
Projected benefit obligations reflect, as of a given date, the 
actuarial present value of all benefits attributed by the plan’s 
benefit formula to employee service rendered before that date and are 
measured using assumptions that include future compensation levels if 
the pension benefit formula is based on those future compensation 
levels. Plan assets are usually stocks, bonds, and other investments 
that have been segregated and restructured (usually in a trust) to 
provide for pension benefits. The amount of plan assets includes both 
employer and employee contributions and amounts earned from investing 
the contributions, minus benefits paid. For other postretirement 
benefits, the counterpart to the projected benefit obligation is the “
accumulated projected benefit obligation.” Contractors use certain 
assumptions when calculating the amounts to be incorporated into DOE’s 
financial statements on other postretirement benefits. These 
assumptions include medical and dental trend rates, discount rates, 
and mortality assumptions. 

[7] A defined benefit plan is typically financed by the employer in 
the private sector and by the employer and employees in the public 
sector (with the employees’ cost fixed and the employer bearing most 
of the risk of variations in contribution level). Defined benefit 
plans typically provide retirement benefits in the form of an annuity 
that provides a guaranteed monthly payment for life, the value of 
which is often determined by a formula, usually based on years of 
service and often based on salary as well. A defined contribution plan 
is financed by employee or employer contributions, or both, into 
individual accounts set up for each participant. Most defined 
contribution plans allow participants to direct these contributions to 
mutual funds and other financial market investments to accumulate 
pension benefits, dependent on net investment returns, which will then 
be withdrawn during retirement. 

[8] A qualified pension plan is a retirement plan that satisfies 
certain requirements set forth in the Internal Revenue Code of 1986. 
26 U.S.C. § 401. Qualified pension plans are afforded favorable tax 
treatment in several ways. For example, amounts that the employer 
contributes to the plan are tax deductible (within limits) in the year 
contributions are made, and earnings on the investment of plan assets 
are tax deferred. Two of the “plans” that we refer to as qualified 
plans are actually defined contribution plans that contain separate 
defined benefit components. In the case of these two components, the 
benefits are funded (and reimbursed by DOE) as if they were a single-
employer defined benefit plan; thus, as a naming convention, we use 
the term “defined benefit plan” to refer only to this unique component 
of the larger plans. A nonqualified pension plan is a plan that does 
not meet the applicable requirements for tax qualification under the 
Internal Revenue Code. Nonqualified plans are generally not meant to 
cover the broad spectrum of employees that a qualified plan covers and 
are typically designed for highly compensated employees or select 
company executives. 

[9] A private-sector plan can be a single-employer plan, a 
multiemployer plan, or a multiple-employer plan. A single-employer 
plan is one established and maintained by only one employer. Such 
plans can be established unilaterally by the sponsor or through a 
collective bargaining agreement with a labor union. Generally, the 
sponsoring employer has the ultimate responsibility for administering 
the plan. A multiemployer plan is a collectively bargained agreement 
between a labor union and a group of employers in a particular trade 
or industry. Multiemployer plans typically cover groups of workers in 
the unionized sector of such industries as trucking, building and 
construction, clothing and textiles, and food and commercial workers, 
among others. Management and labor representatives must jointly govern 
these plans, in which participants can negotiate the plan benefits 
through a union. A multiple-employer plan is maintained by more than 
one employer and is typically established without collective 
bargaining agreements. A public-sector plan, referred to in statute as 
a governmental plan (29 U.S.C. § 1002(32)), is one that is offered by 
governmental employers to their employees, such as the University of 
California retirement plan. 

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

[11] In contrast, public-sector plans are not covered by most 
requirements under ERISA, including those with respect to plan 
funding. To receive preferential tax treatment, however, state and 
local pensions must comply with requirements of the Internal Revenue 
Code. 

[12] Under DOE’s policy, contractor contributions to qualified defined 
benefit plans are reimbursed on the basis of minimum funding 
requirements set by ERISA and the Internal Revenue Code. These 
contributions can vary above and below the true long-term cost of the 
plan and do not necessarily reflect the cost of benefits earned in a 
particular year. For nonqualified pension benefits and for other 
postretirement benefits, the pay-as-you-go reimbursements are made 
after the period over which the benefits were earned. In general, 
DOE’s reimbursements are based on the contractor’s cash flow and are 
not on an accrual basis that would match costs to services received. 

[13] In addition, some contractors are contractually required to 
conduct both benefit value and cost studies. 

[14] The 12 plans also account for most DOE contractor pension plan 
assets, participants, and underfunding. 

[15] According to DOE officials, while contractors determine the 
benefit plans offered to employees and the plans’ design, the 
department currently incorporates language in recompeted contracts 
that requires DOE approval for any nonstatutory pension plan changes 
that may increase costs or liabilities. In addition, the contract 
language asserts that no presumption of allowability will exist when a 
contractor implements a new benefit plan or makes changes to existing 
benefit plans until the department makes a determination of cost 
allowability. 

[16] According to DOE documents, the determination of what constitutes 
an allowable cost for reimbursement of contractor employee benefits is 
based on numerous factors, including (1) cost provisions in the 
Federal Acquisition Regulation (FAR) and the Department of Energy 
Acquisition Regulation, (2) contract requirements, (3) collective 
bargaining agreements between contractors and their employees 
represented by unions, and (4) policy requirements. Following FAR cost 
principles, consideration of whether compensation costs incurred under 
a government contract with a commercial organization are allowable 
includes whether they are, among other things, reasonable, allocable, 
and compliant with applicable standards and terms of the contract. 48 
C.F.R. § 31.201-2 (2009). A cost is reasonable if, in its nature and 
amount, it does not exceed that which would be incurred by a prudent 
person in the conduct of competitive business. 48 C.F.R. § 31.201-3 
(2009). 

[17] DOE Order 350.1 provides that DOE must approve contractor benefit 
plans and proposed changes to those plans for reimbursement purposes. 

[18] Incumbent employees—employees hired before August 1, 2008—as well 
as new hires employed on or after that date at the Savannah River Site 
are eligible to participate in the Savings and Investment Plan, a 
401(k) defined contribution plan. But the plan policy for contractor 
matching of employee contributions varies depending on whether the 
participant is an incumbent employee or new hire. Specifically, for 
incumbent employees, the contractor will match 50 cents on every 1 
dollar the employee saves in the plan, up to 6 percent. For new hires, 
the contractor will also match 50 cents on every 1 dollar, but up to 8 
percent, and also provides a nonelective contribution of 5 percent of 
compensation. 

[19] ERISA protects pension benefits already earned based on service, 
compensation, or other relevant factors to date, but plan sponsors can 
alter or eliminate future benefit accruals. 

[20] Some contractors have collective bargaining agreements that 
require them to negotiate any changes to their benefit plans with 
employees, though some collective bargaining agreements do not affect 
what specific benefits contractors can offer. 

[21] Appendix II shows some of the changes contractors have made to 
their plans in recent years. 

[22] If the “full” benefit premium charged to retirees is the same 
rate charged to younger, active employees, then the postretirement 
benefits are actuarially subsidized, and a postretirement liability is 
supposed to exist. 

[23] Private-sector contractors are subject to ERISA, which 
establishes four standards of conduct for a fiduciary, including (1) a 
duty of loyalty, (2) a duty of prudence, (3) a duty to diversify 
investments, and (4) a duty to follow plan documents to the extent 
that they comply with ERISA. 29 U.S.C. § 1104(a)(1). 

[24] Appendix III provides information on how DOE contractor plans 
invest their assets. The asset-weighted allocation average of assets 
(i.e., weighted by assets aggregated over all plans) for DOE 
contractors’ defined benefit plans is 58 percent equities, 33 percent 
fixed income (bonds), and 9 percent other assets. 

[25] Alternatively, increases in the fair market value of a defined 
benefit pension’s assets increase the funded status of pension 
benefits. 

[26] ERISA, as amended, sets funding standards for determining the 
minimum contributions that private-sector plan sponsors must make each 
year to tax-qualified plans; these standards are based on a target 
objective of a fully funded plan. 29 U.S.C. § 1082. A fully funded 
plan is one in which the assets held in the pension trust are 
sufficient to pay the benefits that plan participants have earned. The 
employer generally bears the investment risk for the assets held by 
the plan. If the assets decrease in value, the plan sponsor may be 
required to make additional contributions to the pension fund. Under 
the Pension Protection Act of 2006, any shortfall of plan assets 
compared with plan liabilities must be amortized over 7 years, absent 
any legislative relief. 26 U.S.C. § 430(c). 

[27] A large majority of DOE contractor pension plans are subject to 
ERISA’s private-sector pension requirements, specifically, 
requirements applicable to single-employer plans, which govern plan 
funding and ultimately contributions. Two plans are subject to ERISA’s 
private-sector pension requirements applicable to multiemployer plans. 
But although DOE contractors have only three plans that are public-
sector plans—each related to the University of California Retirement 
Plan—those three plans represent nearly 30 percent of DOE’s contractor 
pension liabilities. Public-sector plans are not covered by Title 1 of 
ERISA because they are “governmental plans” specifically excluded from 
such coverage. 29 U.S.C. § 1003(b)(1). In addition, federal law 
generally does not require state and local governments to prefund or 
report on the funding status of their pension plans, although they are 
governed by state and local laws that may provide for plan funding. 
For a more detailed discussion of overall state and local retirement 
benefit funding, see GAO, State and Local Government Retiree Benefits: 
Current Funded Status of Pension and Health Benefits, GAO-08-223 
(Washington, D.C.: Jan. 29, 2008). 

[28] Pension Protection Act of 2006, Pub L. No. 109-280, § 106, 120 
Stat. 780, 817-18. The sponsoring contractors of these three plans 
have been eligible for a special government contractor provision that 
allows the plan to discount the actuarial value of plan liabilities in 
such a way that, all else equal, reduces plan liabilities relative to 
certain other private-sector plans. To be eligible for this special 
rule, a plan must be a private-sector plan maintained by a corporation 
whose primary source of revenue is derived from business with the U.S. 
government and is subject to federal and defense acquisition 
regulations. Revenues from such business must exceed $5 billion and 
pension plan costs must be assignable to a particular accounting 
standard. With respect to funding, this provision allowed eligible 
contractors to measure liabilities using an alternative rate for plans 
years beginning after December 31, 2007, and potentially extending 
through January 1, 2011. 

[29] The various sets of funding requirements use differing methods 
and actuarial assumptions to determine funding and required 
contributions, which can vary across plans and over time. 

[30] The Internal Revenue Code specifies requirements for a retirement 
plan to be considered “qualified” and receive preferential tax 
treatment. 26 U.S.C. § 401. In a qualified plan (1) the employer can 
deduct from income the amount that it contributes to the plan as a 
business expense, (2) the amount the employer contributes on plan 
participants’ behalf is not treated as income to the participants 
until distributed, and (3) the investment earnings of a qualified 
pension trust are not taxed as income to the employer nor to plan 
participants until distributed. 26 U.S.C. §§ 162, 404 and 501(a). A 
qualified retirement plan may be either a defined benefit plan or a 
defined contribution plan. 

[31] For example, in accordance with the Internal Revenue Code, if a 
single-employer pension plan’s funding level falls below certain 
specified thresholds, then certain restrictions may be placed on the 
benefits provided by the plan, such as lump-sum payments. 26 U.S.C. § 
436(d). 

[32] Credit balances can be earned when a plan sponsor contributes 
more to its pension plans than required. Under certain conditions, 
sponsors can use these balances to offset required contributions until 
the balances are exhausted. 

[33] The interest rate assumption is a key assumption used to 
determine the present value of plan liabilities. All else equal, a 
lower interest rate has the effect of increasing the present value of 
plan liabilities. Present-value calculations reflect the time value of 
money—that a dollar in the future is worth less than a dollar today, 
because the dollar today can be invested and earn interest. Thus, 
using a lower interest rate will increase the present value of a 
stream of payments, which implies that a higher level of assets today 
will be needed to fund those future payments. 

[34] The effect of the economic environment on pension assets is not 
unique to DOE; in general, contribution obligations for pension plans 
sharply increased after 2008 as a result of the economic downturn. 
Because of the economic downturn, the average pension funded ratio 
(the ratio of plan assets to plan obligations) by the 100 largest 
corporate defined benefit plans has been less than 100 percent since 
July 2008 and was less than 80 percent as of May 2010. 

[35] As of 2009, Oak Ridge National Laboratory’s defined benefit plan 
had approximately 9,800 participants. 

[36] According to DOE officials, projections of future pension plan 
contributions are made 18 months in advance of when the actual 
contributions will be known. These projections are highly sensitive to 
underlying data, methods, and assumptions, and actual actuarial 
valuations may yield different contribution levels. This situation 
further complicates the department’s ability to accurately forecast 
the costs of pension contributions in its budget requests. 

[37] Typically, DOE contractors pay for other postretirement benefits 
on a pay-as-you go basis. In turn, DOE reimburses contractors for the 
amount needed to meet the contractor’s annual share of these costs. 
From fiscal year 1997 to fiscal year 2007, the net funded status of 
contractors’ other postretirement benefits generally declined from an 
underfunding of $5.0 billion to $10.3 billion. These benefit 
obligations will represent an ongoing liability to DOE because, in 
contrast to defined benefit pensions, these benefits are generally not 
funded in advance of being paid. 

[38] Pub. L. No. 109-280, 120 Stat. 780. 

[39] Some analyses had identified weaknesses in the funding rules 
before passage of the Pension Protection Act of 2006. We previously 
reported on such weaknesses in the funding rules, finding that, over 
the 1995 to 2002 period that was studied, a majority of sponsors of 
the 100 largest defined benefit plans each year, on average, made no 
cash contributions to their plans. See GAO, Private Pensions: Recent 
Experiences of Large Defined Benefit Plans Illustrate Weaknesses in 
Funding Rules, [hyperlink, http://www.gao.gov/products/GAO-05-294] 
(Washington, D.C.: May 31, 2005). 

[40] For example, the Worker, Retiree, and Employer Recovery Act of 
2008 provided plan sponsors with temporary further relief from the 
changes in the Pension Protection Act of 2006 (Pub. L. No. 110-458, 
122 Stat. 5092), as did IRS guidance in 2009 concerning interest rates 
that could be used to value plan liabilities in some cases. More 
recently, the Preservation of Access to Care for Medicare 
Beneficiaries and Pension Relief Act of 2010 provided relief to 
private-sector pension sponsors, in part, by allowing certain sponsors 
to elect one of two possible schedules to reduce or delay 
contributions attributable to certain funding shortfalls stemming from 
the economic downturn. Pub. L. No. 111-192, 124 Stat. 1280. During our 
site visits, we asked DOE contractors if they planned to elect one of 
the schedules, and some said they were considering doing so but had 
not determined which, if any, of the schedules made the most sense for 
their specific pension plan or overall budget situation. 

[41] Pub. L. No. 111-148, 124 Stat. 119 (2010). 

[42] According to department policy and guidance, DOE must approve the 
comparable companies, of which the contractor must select no less than 
15, for the benefit assessment. DOE guidance states that the group of 
comparable companies must comprise the contractor’s parent 
organization, if applicable, and organizations in the same industries 
from which the contractor competes for employees. Each company 
selected for comparison must compete for nonexecutive staff in the 
same industry as the contractor, or the contractor must document that 
it gained or lost four or more nonexecutive staff to the company 
during the prior 5 years who have the same skill sets as professional 
staff of the company. 

[43] DOE later requested public comment on how to address the 
challenge posed by increasing costs and liabilities associated with 
its contractor employee pension and medical benefits. 72 Fed. Reg. 
14,266 (Mar. 27, 2007). In response, critics shared their concerns 
that requiring defined contribution plans would actually increase 
contractor expenses in the short term because of the age profile of 
new hires. More specifically, they noted that new employees are 
typically younger than the average employee in the workforce and that 
while market-based defined contribution plans typically provide the 
same contribution for all employees regardless of age, defined benefit 
plans are, in part, a function of age, with younger employees costing 
much less than older employees. Another public comment stated that 
actual benefit costs would not decrease unless contractors established 
defined contribution plans with benefits that were less generous than 
those provided under their current defined benefit plans. Critics also 
noted that, although it made sense to control costs by putting limits 
on the level of plan costs or benefits, constraining the structure of 
contractor plans (such as defined benefit versus defined contribution) 
could have negative effects on a contractor’s ability to effectively 
manage its workforce. 

[44] DOE currently defines a benefit package as market based if an 
assessment shows that the value or cost of the package does not exceed 
105 percent of the average value or cost of comparable companies’ 
benefit packages. 

[45] Those incumbent employees who chose the compensation package 
including a defined contribution plan at the new contractor remain as 
separated-vested participants in the former contractor’s plan—the 
University of California Los Alamos National Laboratory defined 
benefit plan. 

[46] According to DOE documents, in providing successor contractors 
with flexibility to change incumbent employees’ benefits, NNSA asks 
contractors to develop a level of total compensation which, within 
available funds, attracts, motivates, and retains a highly competent 
workforce and maintains a competitive position in the applicable labor 
markets. However, NNSA does not prescribe a particular method to 
achieving efficiencies, nor does it express a preferred solution in 
terms of approach or savings. 

[47] The Pension Protection Act of 2006 established benefit 
restrictions for private-sector single-employer plans that may occur 
if a plan’s funding level falls below certain specified thresholds. § 
103, 120 Stat. 809-16 (codified as amended at 29 U.S.C. § 1056(g)). If 
the funding level, based on the adjusted funding target attainment 
percentage, falls below 80 percent, then certain restrictions may be 
placed on the benefits provided by the plan, including limits on the 
provision of lump-sum benefit payments. If funding falls below 60 
percent, then additional restrictions may apply, including a 
restriction on future benefit accruals and a prohibition on lump-sum 
benefit payments. A somewhat similar concept based on funding 
thresholds exists for private-sector multiemployer plans. 

[48] GAO, Standards for Internal Control in the Federal Government, 
[hyperlink, http://www.gao.gov/products/GAO/AIMD-00-21.3.1] 
(Washington, D.C.: November 1999). 

[49] [hyperlink, http://www.gao.gov/products/GAO-04-539]. 

[50] Within its fiscal year 2011 budget request, DOE states that it 
reimburses contractor contributions as a part of indirect costs—-those 
not charged directly to a specific program-—and that budgetary line 
items that include reimbursements assume an indirect rate anticipated 
to be sufficient to meet the contributions. 

[51] From September 1996 until November 2009, DOE’s policy, as 
reflected in DOE Order 350.1, was to reimburse contractors for their 
pension plan contributions according to the minimum amount required by 
ERISA. After November 2009, DOE changed its policy to reimburse 
contractors for the contributions needed to keep pension plans funded 
to at least 80 percent to avoid benefit restrictions. In February 
2010, DOE formally changed its policy to reimburse contractors for the 
minimum amount required by ERISA or more on a case-by-case basis. DOE 
expected this latest change to significantly reduce its contractor 
pension reimbursement costs in fiscal year 2010. 

[52] In a January 2010 memo announcing this change, DOE explained 
that, regardless of the minimum, it would reimburse contractors for 
contributions necessary to keep their plans at least 60 percent funded 
to avoid restrictions on future benefit accruals. In the same memo, 
DOE noted that reimbursement of contractor contributions that exceed 
the ERISA minimum will require DOE headquarters approval. DOE’s 
reimbursement policy addresses private-sector pension plans; it does 
not specifically address public-sector plans. 

[53] Holding pension contributions to the minimum may reduce DOE 
reimbursement costs in the current year and allow additional funds to 
be used for mission work but could result in higher minimum 
contributions in other years. Contributions above the minimum, on the 
other hand, may better address funding shortfalls and level annual 
budget costs. With this trade-off in mind, a National Laboratory 
Directors Council working group emphasized that a balanced approach is 
needed and recommended, among other things, that DOE allow contractors 
to contribute more than the minimum required. Also, DOE officials 
stated that any requests to increase employer contributions must be 
cost-effective and reduce future liabilities. 

[54] DOE Order 350.1 requires contractors to assess the value of their 
benefit packages every 3 years, though DOE requirements inserted into 
some contracts require these assessments every 2 years. 

[55] DOE officials stated that while the value study focuses on 
companies in a similar industry, at times other companies are 
included. In addition, the DOE contracting officer must approve the 
list of comparable companies used in the value study. 

[56] Rather than measure actual cost, the value study assigns a 
theoretical cost on the basis of what is included in the benefit 
package, which is then used to compare contractor benefits to one 
another. By calculating the same dollar value of benefits based on the 
same plan provisions, the value study eliminates random differences in 
cost. For example, a contractor’s value study score that is 105 
signifies that the contractor’s employees are actuarially projected to 
receive 5 percent more benefits than comparable company employees. The 
value study measures all benefits, including defined benefit and 
defined contribution plans, matching savings plans, death and 
disability benefits, preretirement and postretirement health care, and 
time off with pay. It does not measure contractor salary compensation. 

[57] The 20 benefit packages (of the 56 most recent value studies) 
that exceeded DOE’s standard are sponsored by 16 contractors. 

[58] Four of the other 12 contractor benefit packages most recently 
assessed as exceeding the 105 percent standard were not subject to 
corrective action because, in most cases, the contractors sponsoring 
those benefit packages provide corporate benefits subject to Office of 
Management and Budget Circular A-21 for Educational Institutions. For 
the other 8 contractor benefit packages, the requirement for 
corrective actions had been waived by a DOE contracting officer. 

[59] DOE’s Office of Procurement and Assistance Management is 
responsible for overseeing contractor human resource management issues 
at non-NNSA sites, and NNSA’s Office of Acquisition and Supply 
Management is responsible for overseeing those issues at NNSA sites. 

[60] For example, according to DOE data, a contracting officer waived 
the corrective action plan requirement for a contractor whose value 
study score was 112.1. 

[61] A defined benefit plan freeze is a plan amendment that closes-—
but does not terminate—-the plan to new entrants and may limit future 
benefit accruals for some or all active participants (i.e., current 
employees) in the plan. 

[62] 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). 

[End of section] 

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