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                                                                                            Updated July 19, 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. 397
has been reported out of the House Education and Labor
and House Ways  and Means Committees. In the 115th
Congress, two nearly identical bills-H.R. 4444, the
Rehabilitation for Multiemployer Pensions Act, and S.
2147, the Butch Lewis Act-were introduced in the House
and Senate. A Senate version of the proposal has not been
reintroduced in the 116th Congress as of July 19, 2019.

The Congressional Budget Office's (CBO's) preliminary
estimate of H.R. 397 indicated that the bill would increase
the deficit by $64.4 billion over 10 years. 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.

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). About 10% to 15%
of multiemployer DB plan participants are in plans that are
projected to become insolvent within 20 years.

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
may face large benefit reductions, likely receiving less than
$2,000 per year.

Selected Detais of Loan Program
H.R. 397, as reported out of the House Education and Labor
and House Ways  and Means Committees, 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

*  are 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);
                                          https://crsrepo


   *  have a funded percentage (calculated using the interest
      rates that fall within a specified range of 30-year
      Treasury securities) of 40% or less and have a ratio of
      active to inactive participants of less than 2 to 5; or

   *  became insolvent after December 16, 2014, and have
      not been terminated.

   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 September
   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.

   Loan Amount
   The loan amount would be the plan amount needed to pay
   the full lifetime benefits of plan participants who (1) are
   receiving plan benefits at the time of the loan (also called
   participants in pay status) and (2) are not accruing benefits
rts.congressgov

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