http://www.bloomberg.com/apps/news?pid=20601109&sid=aBAw1CQXcZMg&refer=home

Dec. 8 (Bloomberg) -- Pension funds at Pfizer Inc., International
Business Machines Corp., United Parcel Service Inc. and dozens of
other companies have joined the parade of businesses seeking relief
from Congress amid this year’s economic meltdown.

Instead of money, they want legislation to suspend a federal law that
would make them pump billions of dollars into retirement plans to
offset stock-market losses as many struggle to find enough cash just
to stay in business. They’re pressing Congress to consider the issue
this week before this year’s session adjourns.

“The companies are not out there with their hand out for a bailout,”
says Mark Ugoretz, head of the ERISA Industry Committee, a Washington
advocacy group representing big businesses on benefit issues under the
Employee Retirement Income Security Act. “This is not about money;
this is about time.”

About 800 companies in the Standard & Poor’s 1500 Index have pension
funds, and they were collectively $280 billion short of the sums
needed to pay projected benefits as of Nov. 30, according to a study
by New York-based benefits consulting firm Mercer LLC. Those 800 funds
started the year with a $60 billion surplus, Mercer estimated.

To gain help from Congress, the companies will have to overcome
skeptics who say they are using the market plunge to undermine
retirement-funding provisions in a 2006 law they didn’t like in the
first place.

“They’re trying to stampede Congress,” says Jeremy Gold, founder of
Jeremy Gold Pensions, a New York-based actuarial consulting firm.
Funds with prudent investment strategies were able to moderate market
losses, he says.

‘Losers’ Cry ‘Help!’

“This is a failure of risk management by America’s pension plans,”
Gold says. “They failed to reduce their exposure to the equities
markets, they continued to gamble, and they lost the gamble. So like
all the other losers, they’re standing on the Capitol Hill steps,
saying ‘Help!’”

While employers increasingly offer 401(k) and similar retirement-
savings plans, about 44 million private-sector U.S. workers, retirees
and spouses still are covered by traditional defined-benefit
pensions.

Starting this year, the Pension Protection Act of 2006 requires
companies to increase pension-fund assets gradually to put them on
firmer financial footing, reducing the chances the government will
have to take them over for failing.

Full Funding

Previously, plans generally had to have about 90 percent of what they
needed to meet future obligations. At the end of this year, the new
threshold will be 92 percent. By the end of 2011, the law requires 100
percent funding. Companies that don’t reach a given year’s threshold
can be required to immediately jump to full funding. Plans falling
below 80 percent funding may face added limits on actions that would
further drain assets, such as some lump-sum payments.

About half of the 800 companies in Mercer’s study are in danger of
missing this year’s target, Mercer analyst Adrian Hartshorn says.
World markets have been so volatile, though, that the outlook may
change significantly -- for better or worse -- before year’s end,
Hartshorn says.

The 800 companies’ pension plans, as of Nov. 30, had aggregate assets
covering about 80 percent of projected liabilities, down from 97
percent in September, Mercer reported. Those estimates, based on
financial statements prepared under U.S. accounting rules, give a
rough idea of where companies stand in relation to this year’s target.
The federal law, however, has its own standards for measuring pension
funding.

Desperate for Cash

Pfizer, IBM and UPS and almost 300 companies, trade groups and unions
petitioned Congress last month to suspend the funding mandate. The law
requires “huge, countercyclical contributions” at a time “when
companies desperately need cash to keep their businesses afloat,” the
group says in a letter to lawmakers.

Spending to pump up pensions may cost jobs by diverting scarce capital
from business operations, Ugoretz says. “If a company has to dump $150
million into their pension fund, they’ve got to make it up some
place,” he says.

Atlanta-based UPS, the world’s largest package-delivery company,
supports pension-law changes because “given where we are economically
today as a country, we think that some reform that allowed those funds
to be used in other ways would be beneficial to the economy,”
spokesman Malcolm Berkley says. Calls seeking comment from Pfizer and
IBM weren’t returned.

Investment losses by pension funds have hit companies in a range of
industries as the S&P 500 plunged more than 40 percent so far in 2008.
Houston-based Lyondell Chemical Co.’s pension fund lost $154 million
in the first nine months of the year, a 17 percent drop, according to
a Securities and Exchange Commission filing.

Record Losses

Assets fell a combined $130 billion during November in the S&P 1500’s
800 or so pension plans, Mercer estimated. That topped total losses in
the first nine months of 2008, and broke October’s record $110 billion
decline.

“Without relief, plan sponsors must shoulder the immediate burden of
sudden, unexpected, large increases in plan contributions at a time
when cash may be difficult to generate internally or to obtain in the
credit markets,” Mercer’s Hartshorn says.

Plans with more conservative investment strategies have at least
softened the blow. General Motors Corp., the biggest corporate pension
sponsor with $84 billion in projected benefit obligations at the end
of 2007, is among companies that shifted assets from stocks before the
worst of the market rout. The biggest U.S. automaker decided in 2006
to cut its target allocation for equities to 29 percent, from 49
percent.

GM made a “determination that, for the best interests of maintaining
the funded status as well as we could, we needed to make that shift
into the fixed-income market,” says Nancy Everett, chief executive
officer of GM Asset Management Corp.

Notably Absent

GM was notably absent from the five-page list of companies and
organizations asking Congress for relief from the asset thresholds. GM
said its pension plans had a $1.8 billion deficit as of Oct. 31, down
from a $20 billion surplus 10 months earlier. At that level, GM’s
plans would top the pension law’s 2008 asset threshold.

David Zion, head of accounting research for Credit Suisse Securities
USA, says investment managers should have been able to control
volatility.

“I just find it interesting: You take some risk in the plan; if it
works in your favor, then great,” Zion says. “If it works against you,
then go ask Congress for help.”

On average, the 800 pension plans in the S&P 1500 had 61 percent of
their assets in stocks at the end of 2007, Mercer’s Hartshorn says.

Bigger Stock Bets

Some made much bigger bets on stocks. Investment strategies at more
than 20 S&P 500 pension funds allocated at least 75 percent of their
assets to equities at the end of 2007, according to an October report
by Goldman Sachs Group Inc.’s Global Markets Institute.

Fannie Mae, the mortgage-finance company taken over by the U.S.
government, ranked fourth with 84 percent of pension assets in stocks.
Because of the market plunge, Fannie Mae made an unplanned $80 million
payment to its pension fund last month “to offset some of the recent
investment losses,” according to an SEC filing.

Bradley Belt, former executive director of the federal Pension Benefit
Guaranty Corp., says lawmakers should endorse a case-by-case approach
that lets the government pension agency negotiate funding requirements
with individual companies and reserve assistance for those in danger
of bankruptcy.

Compromise Measure

The top Democrats and Republicans on both the Senate Finance and the
Health, Education, Labor and Pensions committees -- Democrats Max
Baucus of Montana and Ted Kennedy of Massachusetts, and Republicans
Charles Grassley of Iowa and Mike Enzi of Wyoming -- are backing a
compromise. It would maintain the funding targets but ease the
consequences of missing them, scrapping the threat of an immediate 100
percent-funding requirement.

That proposal was stymied last month when supporters couldn’t get
unanimous consent in the Senate to consider it.

The bill “strikes an appropriate balance between helping plan sponsors
cope with the recent economic downturn while also protecting the
worker safeguards established two years ago,” Grassley says.

The ERISA Industry Committee’s Ugoretz says the proposal doesn’t go
far enough.

“We’re going to have to go back to them to explain again what needs to
be done,” he says. “We’re not blowing smoke here.”
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