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POWER UP A WINNER - Plant Services

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our group of experts and provide an “In the Trenches” guest<br />

response. Put your thoughts in front of your magazine-reading<br />

peers and online readers. For further information, contact<br />

Executive Editor Russ Kratowicz at russk@putman.net or<br />

(630) 467-1301 x 309.<br />

An attorney says:<br />

Acme isn’t alone in moving from a defined benefit pension<br />

plan to a defined contribution plan. Many employers have<br />

made this change in recent years.<br />

The best way to make such a change, to disadvantage as<br />

few employees as possible, is to review various scenarios<br />

and build the new plan so that it adversely affects as few<br />

long-term employees who are close to retirement as possible.<br />

Those who have been with the company for a few years<br />

might not remain, and younger employees have far more<br />

years to accumulate contributions under the new retirement<br />

plan. As a result, they would feel the effects much less.<br />

Once the new plan has been properly developed, the key<br />

is good employee communications. Had Acme thoughtfully<br />

developed its defined contribution plan and explained to<br />

employees, especially older ones, such as Penny Black, that<br />

the change would minimally affect them, it would have had<br />

far fewer problems.<br />

In a normal economy, the value of employee loyalty would be<br />

difficult to quantify. But in the current economic drought, for<br />

every employee who quits there are probably 10 unemployed<br />

workers standing in line to apply for the job. Rather than a loss<br />

of employee goodwill and loyalty, the cost of a law suit remains<br />

a heftier threat to an employer today, especially one that<br />

struggles to stay afloat in these perilous times.<br />

As usual, Acme has acted too quickly and with not<br />

enough planning and foresight. Both the company and its<br />

workers likely will suffer the effects of a poorly planned<br />

change.<br />

Julie Badel, partner<br />

Epstein Becker & Green, P.C.<br />

(312) 499-1418<br />

jbadel@ebglaw.com<br />

A maintenance planner says:<br />

In my opinion, a class-action law suit based on age discrimination<br />

by Acme has no basis here. Acme offered two choices<br />

of retirement plans for the older employees during the<br />

five-year transition period, which seemed to be a generous<br />

offer on the part of the company. If anything, the younger<br />

employees should have an issue with not having a choice of<br />

plans when they reach retirement age. Defined-benefit pension<br />

plans can be a drain on a company’s balance sheet, and<br />

might not have a place in the economy of today.<br />

Could this situation have been avoided Yes. Treat each<br />

employee, regardless of years of service, on an equal basis.<br />

Acme could have set a definite date for the pension plan to<br />

be terminated, vested all employees, and then paid out the<br />

retirement funds they had accrued based on the calculation<br />

contained in the plan. These funds could then have been<br />

rolled into a 401(k), IRA or similar plan. It’s not an ideal<br />

situation for those close to retirement, but it would provide<br />

a substantial lump sum to the older employees to fund one<br />

<strong>UP</strong>Per manAGement should forego<br />

some, or all, of their year-end<br />

bonuses in an eFFort to shore up<br />

the shaky financial sitUAtion.<br />

of these retirement options. In addition, upper management<br />

should forego some, or all, of their year-end bonuses in an<br />

effort to shore up the shaky financial situation and to show<br />

the employees evidence of management’s commitment to<br />

them and to the company.<br />

These changes definitely would have an effect on employees’<br />

morale and their confidence in the company’s<br />

future. Acme’s management would need to be proactive<br />

and communicate to employees. Workers want to know the<br />

status of the company and the reasons for the change to the<br />

retirement plan from the beginning. Workers want to see<br />

a commitment to keeping the company viable. In addition,<br />

the company might offer some incentives such as 401(k)<br />

matching funds and awards for years of service as a way to<br />

retain valuable employees. Ideally, the employees would step<br />

up and support these measures and the situation wouldn’t<br />

deteriorate into an “us-versus-them” situation, which could<br />

result from less-than-clear communication.<br />

Acme’s biggest mistake in this situation was offering the<br />

five-year transition period, which allowed its obligations to<br />

multiply exponentially each year. Acme’s financial obligation<br />

to the pension plan would be better addressed early<br />

while the company had the means to fully fund the plan<br />

instead of waiting five years while hoping the company’s<br />

financial situation improves. Defined-benefit pension plans<br />

are much harder to keep funded, with even the largest<br />

organizations grappling for the means to fund their evergrowing<br />

responsibilities to the plans.<br />

Bryan G. Trantham, maintenance planner<br />

Evergreen Packaging-Waynesville Facility<br />

(828) 646-2140<br />

tranthb@blueridgepaper.com<br />

www.PLANTSERVICES.com APRIL 2009 45

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