Professional Documents
Culture Documents
November 2002
Updated February 2005
Introduction 1
“An employee must spend his entire career with the same
employer to benefit from a defined benefit plan.” 10
Policymakers, public pension plan administrators and others with a political or financial
interest are engaged in a debate about the retirement benefits that are provided to
public employees. Considering that state and local government pension plans provide
benefits for 14 million active employees and hold assets of $2 trillion, the consequences
of this discussion are far-reaching.
Ninety percent of state and local government DC plans, which function like a 401(k) plan,
employees participate in a defined benefit are tax-deferred and can fulfill the personal
(DB) pension plan. A movement has savings piece of the three-legged stool.
unfolded in recent years calling for defined
contribution (DC) plans to replace DB plans NASRA believes that a DB plan should
as the primary retirement benefit for public constitute an employee’s basic retirement
employees. A number of myths and plan, and should be supplemented by a
misperceptions surround this movement; voluntary DC plan. A 1998 NASRA
through this paper, NASRA seeks to address resolution said, in part:
and clarify some of the more popular
misunderstandings and misrepresentations “ … NASRA supports the prevailing
about these plan types. system of retirement benefits in the
public sector, namely, a defined benefit
Financial planners have long referred to an program to provide a guaranteed benefit
ideal mix of retirement income sources as a and a voluntary defined contribution
“three-legged stool,” with one leg each plan to serve as a means for employees
representing Social Security, personal to supplement their retirement savings;
savings, and an employer pension. Although … NASRA supports progressive
not every worker attains it, a well-balanced changes within this prevailing system of
three-legged stool is a sensible personal retirement benefits in the public sector,
financial planning strategy; an important either within the defined benefit plan or
component of an employer’s benefits through supplementary plans, that
package; and a sound public policy accommodate a changing workforce and
objective. Without an employer pension, better provide many of the features
there can be no three-legged stool. (In states sought by advocates of wholesale
that do not participate in Social Security, conversion.
pension benefits for public employees
typically are adjusted upward to compensate Policymakers, taxpayers, and others with an
for the absence of Social Security benefits.) interest in public employee benefits are
well-served when the discussion about DB
Most public employers offer a voluntary DC and DC plans is based on facts and a clear
plan, such as a 457 or 403(b) that understanding of these plan types and the
supplements the DB plan. These types of way they function.
1
NASRA White Paper
The Myth: “The public sector should convert from defined benefit to defined
contribution plans, as the private sector has.”
2
most ERISA regulations, and public plans retirement plan. A recent Watson Wyatt
are not required to make payments to the analysis1 of Fortune 100 companies, which
PBGC. As a result, the primary factor— are many of the nation’s largest employers,
ERISA—driving the private sector toward found:
DC plans does not apply to state and local
government plans. In lieu of ERISA, public • 50 percent provide a DB plan as their
pension plan sponsors (state and local primary retirement plan option; of these,
governments) establish their own governing most offer a supplementary 401(k) plan.
standards and rules. One beneficial outcome • One-third offer a “hybrid” plan, which
of this arrangement has been a wide range of combines elements of DB and DC plans.
policies and benefit structures, each suited to • Only 17% offer a DC plan as their
the unique needs of their plan sponsors. primary retirement benefit.
ERISA amendments, particularly the This survey also found that during the two-
Multiemployer Pension Plan Amendments year period 2000-2001, the trend away from
Act of 1980, the Tax Equity and Fiscal DB plans virtually stopped, and the number
Responsibility Act of 1982 and the Tax of companies offering a DC plan as the
Reform Act of 1986 – reduced or eliminated primary retirement benefit held steady. This
incentives to private sector employers trend is consistent with other studies
offering DB plans, and increased the indicating that most of the reduction in
liability, expense, or regulatory requirements private sector DC plans during the past 25
of maintaining a private sector DB plan. The years took place among smaller employers,
rate of decline in the number of private and in the wake of the enactment of ERISA
sector DB plans was considerably more and subsequent amendments.
pronounced in the years immediately
following these tax law changes, than it has The Watson Wyatt survey also is consistent
been since. with the findings of an EBRI study that
found that since 1985, the number of
Evidence suggests that recent legislative employers with 10,000 or more employees
changes are encouraging a return of DB offering a DB as their primary retirement
plans to smaller private sector businesses. plan has actually increased.2 That this
According to Plan Sponsor, starting in the increase has taken place during a period of
late 1990’s, Congress relaxed some many corporate mergers of large firms
restrictions on DB plans. For example, in (which reduces the total number of
1999, Congress eliminated contribution employers in this category) makes it even
limits under section 415(e) of the tax code, more notable.
which had restricted tax-deferred
contributions and pension accruals for Most public sector employees work for
pension participants when a plan sponsor governmental entities that are large
offers both a DB and a DC plan.
3
employers, and government as an employer As an employer, government has an
should be compared with large private opportunity to directly affect the retirement
employers. A majority of these employers income security of its employees and to
continue to offer DB plans to their exploit one of the few competitive
employees. While many factors determine advantages government enjoys over private
the type of retirement benefit an employer sector employers. Providing a benefit that
provides, these large private employers assures workers a level of retirement income
recognize the important role a DB plan plays that is consistent with their tenure and salary
in attracting and retaining quality is an effective way to exploit this
employees. advantage.
4
NASRA White Paper
The Myth: “DC plans are better because they offer greater portability than DB plans.”
5
allow members who qualify for retirement type of service purchase option, and of the
to continue working while accumulating plans that do not offer service purchase,
assets in a separate retirement account nearly half are dedicated to firefighters,
• Incorporating a “deferred augmentation” police officers, or judges, whose members
feature, which grows pension benefits for are predominantly career employees or who
participants who terminate prior to are less likely than other employee groups to
reaching retirement eligibility. terminate prior to retirement.
3
“The Future Role of Pensions in the Nation’s
Retirement System,” Tuesday, July 15, 1997 - Panel
Discussion General Accounting Office Conference
Retirement Income Security in the 21st Century
7
NASRA White Paper
The Myth: “DC Plans are better because they allow employees to manage
retirement assets themselves”
5
“”Money Attitudes’ and Retirement Plan Design:
One Size Does Not Fit All, MacFarland, Marconi
and Utkus, Pension Research Council Working
Paper 2003-11
9
NASRA White Paper
The Myth: “An employee must spend his entire career with the same employer
to benefit from a defined benefit plan.”
10
even meets the benefit provided by attainment of investment return
a DB plan. This is because DC assumptions and the use of lump-
plans place the investment risk on sum distributions, two factors that
the employee, and employees whose endanger long-term retirement
investment returns are sub-par over income security.
the course of a working life are
likely to experience a lower The chapter on portability
retirement benefit than under a DB addresses the growing use of service
plan. The chapter Employees want purchase provisions, which allow
to manage their own retirement employees who move from one state
assets addresses the likelihood of to another to transfer their DB
the typical DC participant service credit with them. Similar
achieving an investment return provisions permit employees who
high enough to generate sufficient terminated and cashed out their DB
retirement savings. assets in previous years, to
purchase those back when they re-
Differences in benefit levels enter employment. These and other
provided by DB and DC plans vary, public plan provisions accommodate
and are determined by many employees who relocate or who
factors, including the age of the move in and out of public
employee when entering service. employment.
For example, assuming typical
contribution rates and rates of Today’s workforce is older than it
investment return, an employee was twenty years ago, and older
beginning a job at age 50 is better workers are more aware of their
off in a typical DB plan regardless retirement income needs. This
of how long he or she works. An awareness promotes an
employee entering service at age 45 understanding of and appreciation
will be better off in the DB plan for DB plans. A DB plan helps
after five years of service. This employers, including government,
trend continues down the age to recruit and retain quality
scale—the younger the employee, employees in today’s competitive
the more time a DB plan needs to labor market.
be relatively advantageous.6 This
analysis is based on the
6
ORP Alternatives, Gary Findlay, presented to
The Southern Conference on Teacher Retirement,
5/24/00
11
NASRA White Paper
The Myth: “Public employees in defined benefit plans need to worry about politicians
mishandling their funds, creating unfunded liabilities, and cutting benefits.”
12
In every state, fiduciary standards assets sufficient to pay for them; by
that govern the investment of assets not making adequate contributions to
include either a prudent person rule, the retirement plan; or by managing
a prudent investor expert rule, or a or directing investments that result
blend, or a variation of one or both. in returns lower than the actuarially
assumed return rate. If a legislature
The prudent person rule states that creates pension liabilities, the state is
the fiduciary “is under a duty to the still legally required to meet its
beneficiary to make such investments pension obligations.
and only such investments as a
prudent man would make of his own Contradicting the assertion that
property having in view the public employees need to worry about
preservation of the estate and the elected officials creating unfunded
amount and regularity of the income liabilities, the overwhelming majority
to be derived…”7 of state and local pension plan
sponsors traditionally have made all
The prudent expert rule, prescribed required contributions to their
in ERISA as the standard for private pension plans. One result of this has
sector pensions, requires that the been that public pension plans as a
pension plan fiduciary discharge the group have amortized their pension
duties of that position “with the care, liabilities in a manner similar to how
skill, prudence, and diligence under a homeowner pays off a mortgage.
the circumstances then prevailing Public plans covering a large
that a prudent man acting in a like percentage of public employees are
capacity and familiar with such now fully funded, and plans covering
matters would use in the conduct of most other employees are nearly fully
an enterprise of a like character and funded.
with like aims.”
Cutting Benefits
None of the standards permit elected Most states protect public employees
officials to “mishandle” public trust pension benefits through their
funds. constitution, statutes, or case law.
Public pensions also enjoy protections
Creating Unfunded Liabilities provided through property rights law:
Simply expressed, states are “Under federal and state
responsible for covering the liabilities constitutional law notions of due
of the pension plans they sponsor. An process, property or a property right
unfunded liability is the result of the cannot be adversely impacted or
actuarial cost of benefits (liabilities) taken by a governmental entity
exceeding the actuarial value of without observing procedural
assets. Elected officials can create an considerations. Pension benefit
unfunded liability by authorizing coverage and entitlement will
benefits without providing immediate
7
Calhoun and Moore, “Governmental Plans Answer
Book,” Panel Publishers
13
generally be considered to be property reduce future benefits for current or
bringing due process protections.”8 future employees, it would be easier
to do so with a DC plan, as there are
A DB plan actually is an effective no employer liabilities associated with
vehicle for reducing the possibility of that type of plan. If “politicians
arbitrary benefit reductions, because cutting benefits” is a concern, a DB
inherent in a DB plan are liabilities plan is a more effective means of
for which the plan sponsor is preventing such actions.
responsible. If a legislature wished to
8
Lawrence A. Martin, “Legal Obligations of Public
Pension Plan Governing Boards and
Administrators,” published by the Government
Finance Officers Association
14
NASRA White Paper
16
An employee begins working at age continuous flow of new, younger
25, and leaves his employer at age 35 members to help fund the cost of the
with a retirement account balance of plan’s liabilities. For plans that use
$50,000. If this balance earns 8% such valuation methods, diverting
(8.5% minus 0.5% for expenses) the future employees from a DB to a DC
account value will be $437,000 when plan can increase the cost of the DB
the employee reaches age 65. The plan.
same starting balance earning 7%
(8.5% minus 1.5% for expenses) will One predictable consequence of a DC
have a value at age 65 of $330,000, a plan whose benefits prove inadequate
difference of $107,000, or 25% less. is political pressure to create or revert
to a DB plan. This situation recently
A DB plan typically does not pay occurred in Nebraska, where the DC
benefits on the basis of individual plan failed to create a sufficient level
participants’ account balance. of retirement income security for plan
However, the effect of higher fees is participants. Nebraska switched to a
fundamental: they reduce the amount cash balance plan. Switching from a
available for pensions and other DC to a DB plan can result in shifting
benefits; or they increase required pension plan costs to future
contributions. taxpayers, as insufficient pension
accruals under the DC plan are
Costs and consequences of switching funded.
from a DB to a DC plan
Attempts to reduce costs by replacing DC plans offer certain advantages,
a DB plan with a DC plan are including greater portability, the
unlikely to produce the anticipated opportunity for participants to
level of budget savings. As described manage their own investments,
by Cynthia Moore in The Preservation greater access to account information,
of Defined Benefit Plans, laws and a chance to directly benefit from
governing public pension plans investment returns that exceed
generally protect pension benefits market averages. But these
from diminution. This prohibition advantages come with risks:
against reducing benefits requires a investment risk that is borne entirely
public employer to continue by the participant; the risk of leakage,
administering its DB plan at least for when assets are cashed out and spent
existing plan participants. If a DC before retirement; longevity risk,
plan also is established, the employer when participants outlive their
will need to administer both plans, retirement assets; and the risk of
limiting any budget savings. diminished retirement savings as a
result of high administrative
Also, some methods used to value expenses.
public pension plan liabilities rely on
17
NASRA White Paper
The Myth: “Workers want a defined contribution plan as their primary retirement benefit.”
20
NASRA White Paper
The Myth: “Workers in defined contribution plans will receive substantially higher
benefits than those offered by defined benefit plans.”