WRERA - Reliance on Prior Year AFTAP

[emmetttrudy]

2008 AFTAP is 95%. No 2009 AFAP was certified by October 1, 2009. On October 15, 2009 the AFTAP was certified as 132%. Were accruals frozen as of October 1, 2009, or based on WRERA could they have relied on the 2008 AFTAP to prevent frozen accruals? WRERA provides that for plan years beginning during the period October 1, 2008 through September 30, 2009, the prior year’s AFTAP may be substituted for the current year’s AFTAP (if the prior year’s AFTAP was higher) for purposes of applying the restriction on benefit accruals. So what if the 2009 AFTAP was not certified by 10/1/2009? Is the 2009 AFTAP considered less than 2008's and so 2008's can be used?

[Blinky the 3-eyed Fish]

That is a fine question. WRERA says the following:

In the case of the first plan year beginning during the period beginning on October 1, 2008, and ending on September 30, 2009, sections 206(g)(4)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(4)(A)) and 436(e)(1) of the Internal Revenue Code of 1986 shall be applied by substituting the plan’s adjusted funding target attainment percentage for the preceding plan year for such percentage for such plan year but only if the adjusted funding target attainment percentage for the preceding plan year is greater.

Notice that it doesn't say any sort of election needs to be made. Because it doesn't, my opinion is that the preceding year percentage applies automatically and accruals are not frozen.

[mwyatt]

Just curious, since the movement I've seen from 2008 to 2009 AFTAPs is decidedly downward (say 120% to 60%), who is your client's broker?

[ScottR]

I agree WRT benefit accruals. But what about lump sum restrictions? I seem to recall that the WRERA relief doesn't apply there. So the plan was deemed to be < 60% funded on 10/1/09 and no lump sums could be paid for the balance of the year. Agree?

.. Scott

That is a fine question. WRERA says the following:

In the case of the first plan year beginning during the period beginning on October 1, 2008, and ending on September 30, 2009, sections 206(g)(4)(A) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(4)(A)) and 436(e)(1) of the Internal Revenue Code of 1986 shall be applied by substituting the plan’s adjusted funding target attainment percentage for the preceding plan year for such percentage for such plan year but only if the adjusted funding target attainment percentage for the preceding plan year is greater.

Notice that it doesn't say any sort of election needs to be made. Because it doesn't, my opinion is that the preceding year percentage applies automatically and accruals are not frozen.

[Blinky the 3-eyed Fish]

Agree, this just affects benefit accruals.