Press release:
Commentary on Retiree Health VEBAs
Issued by: The Segal Company

Date: Tuesday, November 20, 2007

NEW YORK (11/20/07) — Retiree health voluntary employeesf beneficiary associations (VEBAs) have been in the news lately as one way to cover retiree health care. These VEBAs basically are trusts established to provide retiree health benefits to current and/or future retirees and have generally been established as part of collective bargaining. The trusts are administered by a board of trustees or an administrative board and may have company, union and/or retiree participation in a board.

Stuart Wohl, senior vice president at The Segal Company and retiree health care practice leader, points out some of the things that retiree health VEBAs can do:

  • Provide security for retirees (and future retirees) that funds have been set aside for retiree benefits that cannot be used for any other purpose. Once a retiree health VEBA is established, the funds in the VEBA cannot revert to the company. The funds in the VEBA must be used to cover the clearly defined health, life and/or disability costs.

  • Provide a vehicle for companies to remove Financial Accounting Standards Board FAS 106 liability from its financial statements in situations where such risk can be transferred to a third party. If a company has no further required contributions to a retiree health VEBA, the company may be able to remove that expense and obligation from its financial statements. Special accounting rules may apply when this occurs.

  • Allow unions and/or retirees more say in the benefits provided and any required contributions. The union and/or retirees may have seats on the VEBAfs board of trustees or the administrative board, the body that is typically formed to determine benefit levels, retiree contributions, administrators and all other aspects of the plan.

  • Provide an option that removes the company from decision-making responsibility for retiree health benefits. In situations where the liability has been transferred to a third party, the company may remove itself from further decision-making responsibilities.

  • Provide a funding vehicle for collectively bargained situations. In a collectively bargained environment (and with proper IRS approval), the retiree health VEBA could fund 100 percent (or more) of the projected benefit costs.

  • Allow funds to be collected from a company through a variety of mechanisms including cash or company stock or other assets. Funding can also be provided through profit sharing, production bonuses and wage deferrals from active employees.
Mr. Wohl cautions that retiree health VEBAs cannot:
  • Avoid investment return risk. The VEBA will need to invest the assets. There is no guarantee as to the level and timing of the investment return. The board of trustees or administrative board will need to work with an investment consultant to determine the appropriate level of risk and commensurate expected return it should pursue.

  • Avoid health care cost trend risk (unless benefits are fixed to dollar amounts). It is impossible to predict exactly what will happen to health care costs six months, six years or 60 years into the future. Many of these retiree health VEBAs have projected time horizons of more than 60 years.

  • Guarantee health care benefit levels. VEBA funding is at risk for investment return and health care cost trend mentioned above. As such, it is not possible for a retiree health VEBA to guarantee a certain benefit level for any amount of time without having a very conservative investment strategy and a fixed benefit level (such as a fixed dollar reimbursement towards coverage). Even with those conditions, a retiree health VEBA has exposure to other risks including mortality, Medicare solvency and other potential company funding streams such as profit sharing.
Mr. Wohl concludes, gRetiree health VEBAs are one vehicle that companies, unions and retirees can use to manage future retiree health costs. They can be designed to provide benefits for current and future retirees for duration of half a century or more. But, they are not a panacea as there are limits on what they can achieve.h