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08.08

Phased Retirement — The Time Has Come

By George McClure

Sebastian Junger's 1997 book, A Perfect Storm, described the catastrophic confluence of three storm systems in the north Atlantic. Today, three elements are coming together to form perfect storm scenario for retirees: demographics, retirement security and greater longevity in retirement. One element mitigating the storm for engineers is the concept of phased retirement, enacted in 2006, and available from 2007 onward for companies that have amended their own retirement plans to take advantage of it. Let’s look at these elements in turn.

The National Retirement Risk Index shows that there is concern for the retirement security of today’s new retirees — even at upper-income levels. The criterion used is whether the replacement income in retirement will be at least 90 percent of the pre-retirement income (after work-related expenses have been subtracted). For Late Boomers and Generation X, 44 percent to 49 percent are at risk of shortfall in retirement income; even for the group in the top third of income, over a third are at risk
[http://crr.bc.edu/images/stories/Briefs/ib_7-11.pdf?phpMyAdmin=43ac483c4de9t51d9eb41].

The Center for Retirement Research suggests that the early 1990s were the “golden age” of retirement income for workers aged 51 to 61. Defined benefit (DB) pension plans were more prevalent then than now; 80 percent of those with pensions had defined benefit plans then, whereas in 2004, for the similar age group, only 65 percent did. By 2004, the Normal Retirement Age had risen from 65 to 66. There were more single-earner couples in the early 1990s, which resulted in higher Social Security replacement rates (50 percent for a non-working spouse, added to the full worker benefit) than a decade later. The subsequent decline in interest rates has reduced the income stream derived from annuitizing part of a retirement nest egg.

Shifts Made Pension Plans Less Valuable

As the normal DB pension plans were converted to cash balance plans or defined contribution plans, retirement income suffered. Final Average Pay, used to calculate normal DB benefits, was converted to Career Average Pay for cash balance plans. Tax-deferred workplace savings plans (401(k), 403(b), and 457 plans) did not have the stimulus of automatic worker participation. But more recently, automatic worker participation has been encouraged (unless the worker consciously reduced his level of participation or opted out entirely) [http://assets.aarp.org]. The highest-paid employees typically have had the highest participation in tax-deferred savings plans, but sometimes were limited in their contribution levels by anti-discrimination rules that prevented plans from being “top heavy.” With automatic participation, inertia works for the plans and eases the discrimination tests, since more lower-paid workers are enrolled.

A Congressional Budget Office report on growing disparities in life expectancy by education and economic status shows that men born in 2004 have almost ten years greater life expectancy than men born in 1950. The gain for women is more than nine years [www.cbo.gov/ftpdocs/91xx/doc9104/04-17-LifeExpectancy_Brief.pdf].

Between 1980 and 2000, the gain in longevity for those at age 65 was about 1.5 years. The inference is that, while Baby Boomers have fewer resources for retirement security than the previous generation, they have to plan for a longer life in retirement. The recent decline in housing prices has reduced the return from reverse mortgages, another source of retirement income.

The conclusion is that there is a retirement savings crisis.

Benefit in Delaying Retirement

One way to mitigate the crisis is to delay retirement, so that there will be fewer years during which the nest egg plus social security will be the source of replacement income. Working to age 70 maximizes the Social Security benefit under current law. But with seniors being healthier and living longer, they can be motivated to continue working longer. One proposal is to raise the age for maximum Social Security benefit to 72. This would convert at least two years from pay-out status to pay-in for Social Security taxes, as well as enhanced income tax revenues from the added earnings.

The Congressional Budget Office has shown how retirement age affects the assets needed to produce 80 percent of pre-retirement after-tax income. For a married couple at the 75th income percentile, the assets needed at age 70 to produce that income is less than 30 percent of the amount if retirement age is 62.

[The complete data are in Table 1, www.cbo.gov/ftpdocs/54xx/doc5419/05-12-RetireAgeSaving.pdf]

Intellectual Capital and Corporate Memory

For numerous industries, including power generation and aerospace, the engineering workforce is bifurcated — many close to retirement age (or already eligible for retirement), few in mid-career, and some just starting their careers, who need guidance, training and mentoring. As reported in Today’s Engineer in July 2008, based on a survey of U.S. electric utilities, the Center for Energy Workforce Development estimated that approximately 46 percent of all engineering jobs in the electric and gas utility industries could become vacant by 2012, due to retirement and other forms of attrition [www.todaysengineer.org/2008/Jul/PES.asp]. One way to provide the support to junior engineers, while preserving the intellectual capital in the heads of the seniors, is to provide overlap, through phased retirement of the senior engineers. They cut back on their working hours, but are available as mentors and “corporate memory,” while drawing a pension proportional to the hours they are not working. When they end the partial work phase, their corporate pension benefit steps up to its full value. During the time they are working reduced hours, they continue to accrue proportional credits for their retirement.

The Proposal for Phased Retirement

In 2004, the Treasury Department and IRS issued proposed regulations permitting private pension plans to begin pension payments to employees as part of a phased retirement program. The regulations would have allowed employees who are age 59 ˝ to receive a pro rata portion of their pension annuity to the extent they choose to reduce their work as part of a bona fide phased retirement program.

"These regulations are an important step to removing an unnecessary barrier to the implementation of programs that allow employers to retain the services of older workers who want to phase down their work in preparation for full retirement," said Greg Jenner, Treasury's Acting Assistant Secretary for Tax Policy. "Phased retirement permits an employer to retain the services of an experienced employee, while also providing the employee with the opportunity to continue active employment at a level that also allows greater flexibility and time away from work. People are living longer, healthier lives, so we need to encourage programs which not only reduce the risk that individuals may outlive their retirement savings, but also retain this valuable and productive part of our workforce."

The proposed regulations are detailed at www.treas.gov/press/releases/js2094.htm.
IEEE-USA was one of 16 organizations that commented earlier on the proposed regulations, at www.ieeeusa.org/policy/policy/2002/02Dec31.html.

The Pension Protection Act of 2006 incorporated the following explanation of changes to the Employee Retirement Income Security Act (ERISA) to permit phased retirement:

Explanation of Provision

Under the provision, for purposes of the definition of pension plan under ERISA, a distribution from a plan, fund or program is not treated as made in a form other than retirement income or as a distribution prior to termination of covered employment solely because the distribution is made to an employee who has attained age 62, and who is not separated from employment at the time of such distribution.

In addition, under the Code, a pension plan does not fail to be a qualified retirement plan solely because the plan provides that a distribution may be made to an employee who has attained age 62, and who is not separated from employment at the time of the distribution.

Effective Date

The provision is effective for distributions in plan years beginning after 31 December
2006 [Technical Explanation of HR 4, Pension Protection Act of 2006 www.house.gov/jct/x-38-06.pdf, page 242 in the original, 252 in the pdf].

Conclusion

Phased retirement provides a way for skilled workers to continue to use their skills for long-time employers, while still being covered by employment benefits. The law is in place now, but individual corporate policies need modification to take advantage of it. Modifying Social Security regulations to permit credits to accrue for bigger benefits up to age 72 could benefit both the Social Security system (by providing motivation to work past age 70) and the phased retiree (by increasing the size of the benefit once it is started).

 

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George McClure is Technology Policy editor for IEEE-USA Today’s Engineer and a member of IEEE-USA's Committee on Transportation and Aerospace policy. Comments may be submitted to todaysengineer@ieee.org.


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