Working to Obtain Fair Treatment of Retirees of DOE Contractors in Oak Ridge

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2008 Position Paper by CORRE


2008 POSITION PAPER

A STATEMENT OF PROPOSED CHANGES
IN PENSION BENEFITS FOR 2008

by

THE COALITION OF OAK RIDGE
RETIRED EMPLOYEES

Approved April 16, 2008


The Coalition of Oak Ridge Retired Employees (CORRE) was formed in 2000 to represent the interests of the approximately 12,000 retirees (and surviving spouses) who have retired from Department of Energy Contractor-managed facilities at Oak Ridge, Tennessee – Oak Ridge National Laboratory (ORNL), K-25 Gaseous Diffusion Plant (K-25), the Y-12 Plant (Y-12), Grandfathered employees under the pension plan at Bechtel-Jacobs and its subcontractors, and Wackenhut. The primary objectives of CORRE as stated in its Bylaws are:  (1) to obtain and maintain pension and other benefits that are fair and equitable and competitive compared with other industries in the region and with other major DOE federal and private Contractors in the technical field; and (2) to safeguard the Pension Trust Fund from which these benefits are derived.

Officers
Dave Reichle, President
Joe Setaro, First Vice President
Bob Keil, Second Vice President
Mary Helen Rose, Secretary
Paula Wright, Treasurer
Marty Goolsby, Communications
Charlie Kuykendall, Past President

Board Members Advisors 
Mike Bradshaw Bob Henderson
Joyce Conner Judy Kibbe
Sandy Dean Charles Landguth
Lou Dunlap  Fred Postma
Keith Kibbe Gary Riser
Tom Lemons             Harriet Westmoreland
Pete Lotts
David Mason
Ed Mee
Ken Moore
Pete Peterson
Dub Shults
Don Wood
Bob Worrell
                    


EXECUTIVE SUMMARY


The increased cost of living for DOE Contractor retirees and surviving spouses is becoming more and more damaging to them each year that goes by, particularly because of the skyrocketing costs of energy, food, and medical care.
 
CORRE represents approximately 12,000 retirees of the Oak Ridge DOE Contractors.  The average (median) length of retirement (in 2007) for these retirees is 11.4 years.  Of these, 834 have been retired over 25 years.   Since most of these 834 are now around 90 years old, they have been the most seriously impacted by inflation.

Based upon the Department of Labor’s inflation data, the cost of living has increased 14.7% for those retiring in 2003 (5 years ago), and over 100% for those retiring in 1983 (25 years ago).  Those retiring in 1970 or earlier have seen their cost of living increase over 400%.

While there have been a few adjustments to pensions by the Contractors over the past 35 years, these increases have not come close to replacing the eroded buying power of retirees’ pensions.    

As CORRE has proposed in the past, we again urge that the Contractors propose a fair, equitable, and reasonable pension adjustment that will restore at least 75% of the lost value of retirees’ pensions.   The proposed increases should be graduated, meaning an individual retiring in 2000 would get an increase of approximately 17%, while a 1990 retiree would get approximately 29%, and so on.  As mentioned above, there have been some adjustments in the past and these have been taken into account when calculating the needed adjustment.

CORRE also urges that the Contractors propose that the flat 2% reduction factor for the Surviving Spouse Option be extended to those who retired prior to July of 2004.  This reduction was granted to active employees at that time, but no adjustment was given to existing retirees.

CORRE realizes that Bechtel Jacobs and Wackenhut are not part of the Multiple Employer Pension Plan and may need additional funding to grant these increases.
 

2008 PROPOSAL


    This position paper focuses on two specific goals, which CORRE would like to achieve in 2008 (see page 4 for Background Information):

1. An Ad Hoc Increase in pension benefits for all retirees that will restore approximately 75 percent of the lost buying power of their pensions that occurred due to the increased cost of living since their retirement. An overall adjustment averaging about 2.0 percent per year since retirement would accomplish this. The increase should be spread across the board, so that all retirees would achieve about the same level of recovery since retirement.

2. A flat-rate reduction factor of 2 percent for retirees who have chosen the surviving spouse option effective July 2004 (same benefit that was extended to active employees in July 2004).

    Ad Hoc Increase.  The proposed Ad Hoc Increase is NOT an unreasonable proposal.  It represents only a small fraction of the value of the Multiple Employer Pension Plan (MEPP) Trust Fund of B&W Y-12 and UT/Battelle.  As a matter of fact, the current value of the MEPP Trust Fund “surplus” is  sufficient to support CORRE’s proposed adjustments for 2008, and still have a significant surplus far in excess of liabilities.

    This proposed action is patterned after the pension adjustments approved at Sandia National Laboratories, January 1, 2002, except that we propose a graduated level of recovery for all retirees, rather than giving all retirees the same percent of increase.  Adjustments are provided on an annual basis for retirees of the DOE Contractors for LBNL, LANL, and LLNL.

    This Ad Hoc Increase is proposed for all retirees, regardless of retirement date or pension income.  A modest pension adjustment in April 2001, the first adjustment in over 10 years, resulted in the recovery of less than half the loss of purchasing power due to inflation, but excluded all individuals who have retired since March, 1998, all vested retirees, and arbitrarily capped the pension benefit for many other retirees.  Additionally, the recent adjustment of extremely low pensions for certain long-time retirees and surviving spouses arbitrarily excluded all retirees after December 1993, unless they were given an involuntary reduction-in-force, and excluded those retirees with less than 20 years’ service. These arbitrary and discriminatory practices of excluding or capping specific subgroups among the retirees seem to be peculiar to Oak Ridge and we believe they should end. 

    Two (2) Percent Pension Reduction Factor.  As a result of union negotiations in early 2004, the pension reduction factor for those retirees who elect the surviving spouse option was decreased to a flat rate of 2 percent, versus an average value for previous retirees of 8 percent.  This improved benefit was extended in July 2004 to all active employees of UT-Battelle at ORNL and B&W Y-12 at Y-12.  It was not extended to Grandfathered employees at Bechtel Jacobs nor to employees at Wackenhut.  The change in the spousal reduction factor should be extended to retirees at ORNL and Y-12, and Wackenhut, as well as to Grandfathered employees and retirees of Bechtel Jacobs. 

    The Contractors have implemented a discriminatory policy of using the Pension Trust Fund to increase the benefits for active employees while ignoring retirees.  This level of unfair treatment of retirees has never happened before in the entire history of the Pension Trust Fund.



BACKGROUND INFORMATION



    The present pension benefit system is an outgrowth of the retirement-pension program established over 50 years ago by the Union Carbide Nuclear Division, managing Contractor for the DOE predecessor Atomic Energy Commission, as a portion of their employee compensation program. At that time inflation was minimal.  Average life expectancy after retirement was lower, but has increased dramatically over the past five decades.

    While the Oak Ridge pension benefit program was competitive when it was established many years ago, it has not kept up with the times and currently lags behind the pension benefits provided by DOE Contractors at many other sites.  While the defined benefit pension program does not include any obligation to make adjustments, past precedent of such adjustments (in Oak Ridge and elsewhere) acknowledges that it was not the intent to allow the value of retiree pensions to erode so drastically due to inflation. 

    The retirement-pension program is not an entitlement program imposing a burden on taxpayers. It was from the beginning and is today an earned compensation program drawing resources from a Pension Trust Fund set aside for this purpose as a part of the compensation for employees.

    Beginning with the Manhattan Project and continuing until today, the Oak Ridge contributions to nuclear deterrence, nuclear medicine, science, and energy have had a profound effect on the lives of every American. Every Oak Ridge retiree can be proud of having made a contribution to these achievements.  Even so, Oak Ridge retirees have not been treated equitably relative to other large groups of DOE Contractor employees.  Lawrence Berkeley National Laboratory (LBNL), Los Alamos National Laboratory (LANL), and Lawrence Livermore National Laboratory (LLNL) retirement benefits are dramatically superior.  Sandia National Laboratories retirees received another 15 percent ad hoc increase in their pensions, effective January 1, 2002. This followed on the heels of a 3 percent to 18 percent graduated increase in October 2000 to a pension program already superior to that of Oak Ridge.

    Oak Ridge retirees, on the other hand, have seen the purchasing power from their pensions dwindle year after year, while costs for medical health insurance, prescription drugs, and dental care have increased far faster than inflation. As a matter of fact, in recent years the Contractors have shifted more of the cost of medical insurance to retirees. The Oak Ridge Pension Trust Fund has received no new funds from DOE Contractor budgets since 1984. The Oak Ridge Pension Trust Fund surplus has also been the target of attempts to divert funds for purposes other than pension benefits.  Twice the Contractors proposed IRS 420 transfers of funds from the Pension Fund in order to reduce overhead expenses.  CORRE resisted these proposals and the transfers were stopped in both instances.  In 2004, ORNL and Y-12 settled their union contract negotiations (2% flat rate reduction for the spousal option and the 30-year cap removal) using the pension trust fund assets.  The 2% flat rate was immediately extended to salaried employees, but the 2% flat rate was not offered to retirees.

    The actions requested can be funded entirely from the Pension Trust Fund surplus.  We have also presented herein the future goals of CORRE, consistent with our statement of Principles for Administration of the Oak Ridge Pension Fund posted on the CORRE web site, http://www.corre.info.

 
GOALS FOR FUTURE ACTION

    In addition to the specific proposals for 2008, we have drawn on the CORRE Bylaws, the statement of Principles for Administration of the Oak Ridge Pension Fund, and our direct interaction with hundreds of Oak Ridge retirees to develop the following long-term goals:

  • Biennial review of pensions.
  • CORRE has requested that the DOE Oak Ridge Field Office require Oak Ridge Contractors, in their upcoming contract renewals, to implement a biennial review of the benefits of retirees, just as they now do for benefits of active employees.
  • Consistency of benefits for Oak Ridge retirees
Former Y-12, ORNL and ORGDP employees who transferred to Bechtel Jacobs and Wackenhut were all participants in the same Pension Plan prior to their transfers and were, therefore, eligible for identical retirement benefits.  Since then, Bechtel Jacobs and Wackenhut have established their own Pension Plans, separate and apart from Y-12 and ORNL (MEPP), with benefits different and less favorable than the MEPP. CORRE strongly believes that Grandfathered employees and retirees at Bechtel Jacobs and employees and retirees at Wackenhut should be treated comparably to Y-12 and ORNL.
  • The Pension Trust Fund should be used only to meet current and future actuarial pension benefit liabilities for retirees from DOE Oak Ridge facilities.
CORRE believes that the transfer of money out of this Pension Trust Fund for any other purpose should not be permitted. CORRE vigorously opposes any attempt to raid the Pension Trust Fund directly through IRS 420 transfers or indirectly through any other means.
  • B&W Y-12, Bechtel Jacobs, and Wackenhut each should include participation of a retiree as a member of a Pension Fund/Benefits Advisory Committee, as UT-Battelle has done.
B&W Y-12 has a need to understand the interests of retirees, both as a manager of the Pension Trust Fund and as major DOE Contractor in a community where these 12,000 retirees and surviving spouses have a significant economic and public-opinion influence.  UT-Battelle has now established a Benefits Advisory Group comprised of employees, and CORRE provides a representative who now serves as a member of this group.  B&W Y-12, Bechtel Jacobs, and Wackenhut should do the same.  We sincerely believe retiree representation on such Boards will be mutually beneficial.
Effective communication leads to better understanding. CORRE appreciates the cooperation and support of Contractor management and, in turn, is very willing to lend our support in a mutually beneficial environment.
  • No reduction in other benefits for retirees.
There should be no reduction in other benefits for retirees   Retirees expect that the historic 50-50 cost share between the companies and the retirees for health care will not be changed.  Retirees from Y-12 and ORNL have now been offered the option to purchase dental/vision insurance, but the same offer has not been made to Bechtel Jacobs and Wackenhut retirees.
  • Contributions to the Oak Ridge pension plans should be made if needed to provide fair and equitable retiree pension adjustments
Since 1984, no Contractor contributions have been made to the MEPP.  Thanks to effective management of Trust Fund assets, investment returns have consistently accumulated a large Fund surplus over the intervening years, resulting in a large surplus.  However, while acknowledging good management of the Fund, CORRE faults DOE and its Contractors for failing to provide fair and badly needed retiree adjustments to at least partially offset inflationary increases. Over the 15 years prior to the last contribution in 1984, five retiree adjustments were approved. In the 16 years between 1984 and when CORRE was formed in 2000, only two adjustments were approved.  And the last adjustment in 2001 applied only to those who retired prior to April 1998, over ten years ago.
 
It is clear that the failure to grant CORRE's requested adjustments stems from an unwillingness to consider the needs of retirees while concentrating on how to provide active employees improved benefits without ever having to budget a single dime for the added liabilities.  Given the historical financial performance of the Fund as well as the current funding level, there is no economic justification for not granting retirees a much needed pension increase now.  And, even if future contributions become necessary, retirees should not be denied a fair and reasonable increase.
 
CORRE maintains that Bechtel Jacobs and Wackenhut owe their retirees the same consideration as B&W Y-12 and UT-Battelle.  All retirees are heavily impacted by dramatic increases in cost of living and deserve equal treatment.
  • Communications with Retirees must be maintained
It has come to CORRE's attention that B&W Technical Services management decided in December 2007 to discontinue publishing Retirement News -- the only routine communication mechanism between the employer and retiree. CORRE believes that this is a serious mistake.  B&W Technical Services and UT-Battelle need a mechanism to communicate important information to all retirees.  Only the contractors have privileged access to retirees' mailing addresses. Such a communication mechanism was promised to retirees by BWXT Manager, John Mitchell, in 2000.   
  • The current cap on the Medicare Major Medical Supplement must be increased
It is essential that the $75,000 cap on medical claims by retirees be raised, and that the Company routinely monitor how many retirees are approaching this limit.  It should not be a surprise event. The $75,000 cap per individual on the retirees' medical coverage is inadequate.  This cap has not been changed in many years, while medical costs, particularly for specialty drugs and new medical procedures, have increased significantly.  
 
 
 

Copyright © 2007 CORRE- All Rights Reserved

Working for Fair, Equitable, and Competitive Benefits
for
12,000 Former K-25, Y-12, and ORNL Employees
 

Coalition of Oak Ridge Retired Employees

P.O. Box 4266, Oak Ridge, Tennessee  37831-4366

Email: service@corre.info

Comments and corrections on the CORRE web site: webmaster@corre.info

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