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Your Employer is Going Bankrupt - What Happens to Your Pension Benefits?
Copyright 2004, Daniel Lamaute
What happens to your retirement benefits when your employer
faced with financial distress and bankruptcy decides to terminate
their pension plan? To gauge the potential risk to you of a plan
termination you first need to know what kind of plan you have
with your company.
Pension plans come in two basic types 1) defined benefit plan,
where the company promises to contribute enough to the plan now
and in the future to meet the pension benefits it promised to
all of its workers, and 2) defined contribution or 401(k) type
plans where contributions are generally placed into a separate
account for you as you earn them, thus reducing your risk as
it relates to a company failure.
The Pension Benefit Guaranty Corporation (PBGC), a government
entity modeled after the Federal Deposit Insurance Company,
has the primary responsibility for protecting the more than 44
million workers who participate in defined benefit plans. The
PBGC operates an insurance program designed to maintain payment
on workers pension plans when their company, usually after
bankruptcy, terminates their pension plan and there is not
enough money to pay the promised pension benefits.
Even with the PBGC insurance, however, you may still be at risk
of losing a substantial part of your pension fund benefits when
a plan is terminated. That’s because the law limits the maximum
in benefits that the PBGC insurance can pay to any one person.
For pension plans ending in 2004, the maximum guaranteed amount
is set at $19,973 per year for those who retire at 55 and tops
out at $44,386 per year for workers who retire at age 65. This
guarantee amount is even lower if your pension includes benefits
for a survivor or other beneficiary.
Employees working for companies in financial distress (i.e.,
manufacturers, major airlines), should discuss with their
financial adviser the idea of taking early retirement and
requesting a lump sum payment as a means to protect their
accumulated pension benefits, especially if the present value
of the total PBGC payments they would receive is much less
than the lump sum they could get now.
You generally can put all or part of your lump sum into a
traditional IRA or other qualified plan. If you have your own
business you can do "tax-free rollover," to a Self-Employed
401(k) that allows you to continue to contribute to your plan
while keeping the flexibility of taking a loan from your 401(k)
plan.
Daniel Lamaute, of Lamaute Capital, Inc. specializes
in setting up retirement plans for small business owners.
http://www.InvestSafe.com
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