Theatre Musicians
Association
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The American Federation of Musicians and Employers Pension Fund (AFM-EP
Fund) has posted the following important announcement on its website at
www.afm-epf.org/.
"IMPORTANT ANNOUNCEMENT - At its October 15, 2009 meeting, the Board of
Trustees concluded that the residual effects on the Fund of the collapse of
the financial markets will require another reduction in the future rate of
benefit accrual effective January 1, 2010, along with immediate restrictions
on the ability to reduce employer contribution rates.
Additional information will be forthcoming, including notices to
participants and dates of participant information sessions."
The full text of the Trustees' resolution as signed is here:
http://www.afm-epf.org/Docs/BOT%2010-15-09.pdf
A transcription appears below.
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RESOLUTION OF THE BOARD OF TRUSTEES
WHEREAS, the Trustees are committed to maintaining the Fund's long-term
viability so that it may continue to provide retirement benefits to
participants and beneficiaries for many years to come; and
WHEREAS, Congress enacted the Pension Protection Act of 2006 ("PPA") to
ensure that pension plans are funded sufficiently to provide all of the
promised benefits; and
WHEREAS, over the past two years the U.S. economy has experienced the worst
financial downturn since the Great Depression, resulting in unprecedented
losses for virtually all multi employer funds, including this Fund; and
WHEREAS, as a result, the Fund's actuaries have advised that the Fund has a
long-term funding deficiency and a declining funded percentage, and
recommend that the benefit multiplier be reduced to $1.00 as soon as such
decrease can be effectuated; and
WHEREAS, the Fund is expected to enter "critical" status under the PPA
effective April 1, 2010, even if the recent rebound of the markets continues
through the end of the current plan year (March 31, 2010); and
WHEREAS, a plan that is in critical status is required under the PPA to
develop and submit to the Internal Revenue Service a rehabilitation plan
that would allow the plan to emerge from critical status in 10 years, if
possible; and
WHEREAS, the Trustees acknowledge that the Fund's rehabilitation plan is
likely to require a reduction in the benefit multiplier to $1.00; and
WHEREAS, the PPA also prohibits employers from reducing contribution rates
once a plan enters critical status; and
WHEREAS, the Fund's actuaries have advised that reductions in future
employer contributions before the Fund enters critical status will
exacerbate the Fund's financial condition; and
WHEREAS, the Trustees recognize that it would be imprudent to wait to
implement measures that will be inevitable under the PPA and that would help
restore the Fund to a more sound funded status so that it can continue to
provide all benefits earned; and
WHEREAS, the Trustees had previously reached a deadlock in March 2009 on a
motion to reduce the benefit multiplier to $1.00 and had scheduled an
arbitration hearing to resolve that deadlock; and
WHEREAS, the Trustees wish to avoid imposing the expense and burden of such
arbitration on the Fund; and
WHEREAS, the Trustees recognize that reducing the multiplier to $1.00 will
cause hardship to participants because future pensions will be significantly
reduced if this multiplier remains in place for a long period of time, and
are committed to restoring the multiplier as soon as the Fund's financial
condition permits them to do so;
NOW, THEREFORE, the Trustees of the Fund agree as follows:
1. The benefit multiplier for future benefit accruals will be reduced from
$2.00 to $1.00 effective January 1, 2010.
2. The procedures adopted by the Board regarding the acceptability of
employers and collective bargaining agreements shall be revised to provide
that an employer and a collective bargaining agreement is not acceptable to
the Board in the event that the effective contribution rate is reduced, by
agreement or otherwise on or after October 16, 2009, to a rate that is lower
than the greater of (i) the effective contribution rate in effect on October
15, 2009; or (ii) the contribution rate applicable to any period on or after
October 16, 2009 as set forth in the collective bargaining agreement in
effect on October 15, 2009.
3. Immediately following execution of this Resolution, the Employer Trustees
will withdraw their demand for arbitration of the former deadlock regarding
the benefit multiplier.
4. The Fund office shall be directed to issue 204(h) notices and any other
required notices to effectuate this Resolution.
5. The Trustees will regularly re-evaluate the condition of the Fund and
will consider raising the benefit multiplier as soon as it is possible and
prudent to do so.
IN WITNESS WHEREOF, the Board of Trustees has adopted this resolution on the
15th day of October, 2009.
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