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Cogesoa Resarc Servic


                                                                                                  March 22, 2019

H.R. 397 (116th Congress), the Rehabilitation for Multiemployer

Pensions Act


In the 116th Congress, H.R. 397, the Rehabilitation for
Multiemployer Pensions Act, would provide financial
assistance to financially troubled multiemployer defined
benefit (DB) pension plans that meet specified criteria. The
financial assistance would consist of loans with a 30-year
repayment term and, if the loan were insufficient to restore
a plan to solvency, additional financial assistance. H.R.
4444, the Rehabilitation for Multiemployer Pensions Act,
and S. 2147, the Butch Lewis Act, were nearly identical
bills that were introduced in the 115th Congress. S. 2147 has
not been reintroduced in the 116th Congress as of March 11,
2019.

The Congressional Budget Office's (CBO's) preliminary
analysis of S. 2147 in the 115th Congress indicated that
budgetary effects were highly uncertain because of
difficulty in projecting how the loan proposal would be
implemented. CBO  indicated that the bill would probably
increase deficits by $100 billion but that it could be
substantially less if few plans qualified for loans and
assistance under the bill. CBO also noted that it had been
working with congressional staff on variations of the
proposal (see https://www.cbo.gov/system/files/2018-
10/s2147.pdf). Senator Sherrod Brown indicated that CBO
estimated that the Butch Lewis Act would cost $34 billion,
https://www.brown.senate.gov/newsroom/press/release/butc
h-lewis-act-costs-less-than-half-the-price-of-propping-up-.

Multiemployer pension plans are sponsored by more than
one employer and are maintained as part of a collective
bargaining agreement. In DB plans, participants receive
regular monthly benefit payments in retirement (which
some refer to as a traditional pension). Although employers
are required to make annual contributions to the plans in
which they participate, about 10% to 15% of multiemployer
DB  plan participants are in plans that are projected to
become  insolvent within 20 years. See CRS Report
R45187, Data on Multiemployer Defined Benefit (DB)
Pension Plans.

When  a multiemployer DB pension plan becomes insolvent,
the Pension Benefit Guaranty Corporation (PBGC) provides
financial assistance to the plan to pay participants' benefits.
However, PBGC   will likely become insolvent by 2025. The
federal government has no obligation to provide assistance
to PBGC. In the absence of enactment of legislation to
address the insolvency of multiemployer plans or the
PBGC,  participants in insolvent multiemployer DB plans
likely face large benefit reductions, likely receiving less
than $2,000 per year.


Selected Details of Loan Program
H.R. 397 would establish the Pension Rehabilitation
Administration (PRA), an agency within the U.S.
Department of the Treasury. The PRA would make loans to
multiemployer plans that

*  were in critical and declining status, including plans
   with approved applications for the suspension of
   benefits under the Multiemployer Pension Reform Act
   of 2014 (MPRA;  P.L. 113-235), or

*  became  insolvent after December 16, 2014.

Plans that have been approved for benefit suspensions
under MPRA   would be required to apply for loans. The
loan program is to be established no later than April 30,
2019, although the PRA could make loans prior to this date
if the loan would be necessary to avoid the suspension of
participants' benefits.

Loan  Terms
The terms of the loan would include

*  a 30-year loan term, with the payment of interest for the
   first 29 years and the loan principal in the 30th year;

*  a prohibition on increasing participants' benefits or
   reducing employer contributions throughout the loan
   term; and

*  the restoration of any benefits reduced (1) as required by
   plans in financial distress (called a rehabilitation plan)
   or (2) when an insolvent plan received PBGC financial
   assistance.

Loan  Application
In its loan application, a plan would be required to
demonstrate that

*  the loan would enable the plan to avoid insolvency for at
   least 30 years or, in the case of an already insolvent
   plan, the loan would allow the plan to emerge from
   insolvency; and

*  the plan would be reasonably expected to pay benefits to
   participants, pay interest on the loan, and accumulate
   sufficient funds to repay the principal when due.

The plan would have to provide information necessary to
determine the loan amount and to stipulate whether the plan
is also applying for (or is already receiving) financial
assistance from PBGC.


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