Defined Benefit Schemes in Defecit

June 25

Defined Benefit Schemes in Defecit

At the  launch of The Pensions Board's Annual Report and Accounts 2009 by the Minister for Social Protection, Éamon Ó Cuív T.D., the Board emphasised the importance for defined benefit schemes in deficit to submit funding proposals to the Board in compliance with the imminent deadline commencing in November 2010.

The Annual Report highlights that, despite good investment returns for almost all schemes in 2009, an estimated 75% of defined benefit schemes were still in deficit at the end of 2009, and in many cases, the deficit is substantial.

Speaking at the launch, the Chief Executive of The Pensions Board, Mr. Brendan Kennedy said: 'Trustees who fail to submit a funding proposal by the revised deadline may be liable to prosecution and the Board may issue a direction to trustees to reduce scheme benefits in such circumstances.' Kennedy went on to stress: 'It is important for trustees of defined benefit schemes in deficit to take the difficult decisions and make realistic choices to secure the long term viability and affordability of their schemes.'

Although investment returns for 2009 provided some relief for pension scheme members, there are concerns about how these returns were achieved.  Pensions Board data shows that the level of investment risk being taken is still very high.  Irish pension schemes suffered serious losses between 2007 and early 2009 because of the substantial investment risks being taken.

Kennedy went on to say 'The lessons of the past are clearly still not being applied today; investment strategies must focus on the risk as well as the return. And the situation with defined contribution schemes is similar: there is very little risk reduction in the funds in which many members are invested.  Recent stock market losses show the ongoing risks of this approach. It is difficult to avoid the conclusion that the good investment returns of 2009 are a result of the same strategies that caused much of the recent losses, and that the chances of further losses are therefore too high. While under the Act, the Pensions Board does not have the power to specifically direct pension investment the Board continues to warn against this approach.' 

Throughout 2009 the Board; through a combination of seminars, presentations, guidance and FAQ materials, media interviews and direct contact with schemes, emphasised the importance of long term sustainability in defined benefit scheme funding and reminded trustees of the need to consider realistic costs, investment risks, and the ability and willingness of the employer to support the scheme.

Kennedy added: 'Scheme trustees are obliged under law to invest scheme assets in a manner "appropriate having regard to the nature and duration of the expected liabilities of the scheme." There is also a well established obligation under trust law to invest reasonably and prudently. The data available to the Board raises considerable doubts as to whether the current investment strategy for many schemes fulfils these requirements.  The great majority of trustees of defined benefit schemes rely on professional advice; it has to be asked whether that advice takes sufficient account of the nature of the liabilities of schemes and the consequences of the risks taken