Disability and The Musicians’ Pension

Are you no longer performing due to injury or disability? If you are a participant in the Union Pension, the AFM-EPF, you should know about the plan’s disability benefits. The reason why a disability pension is more desirable than a retirement benefit today is that under the ERISA rules, the pension cannot reduce payments for Disability Benefits. You would be immune to the expected cut in benefits, versus if you were planning to wait to make an application for regular retirement benefits.

With the plan entering Critical and Declining status this year, the AFM-EPF has announced its intention to reduce benefits to retirees and participants. We won’t know the extent of the cuts needed until later this year, but the plan is underfunded by about one-third, and only about half of all participants would be subject to a cut in benefits, due to age, disability, or a small benefit. Read More: Musicians’ Pension to Cut Benefits.

There are two ways to qualify for disability. First, if you have already qualified for disability under Social Security, you can provide a copy of your disability letter when applying for the AFM-EPF benefits. This is the more difficult way, because Social Security requires you to be totally disabled for any type of work. But if you have already qualified under Social Security, that should suffice.

The second way to apply for disability through the AFM-EPF is by submitting a physician’s statement with your application. This requires a three-page form attesting to your disability. Link: Attending Physician Statement. This states that you are unable to continue to perform, which could be due to repetitive use injuries, back or shoulder problems, mental or nervous impairment, etc. This is an “own occupation” definition of disability, which unlike Social Security, means you could still do other work such as teaching music, or you could switch to another career.

If you are no longer playing due to a disability, or if you are playing today in pain, you may want to consider if you want to apply for the disability benefit now. Since the EPF plans to cut benefits, your future benefits under a Disability application could remain higher than if you apply under a regular Retirement application. Here are the full instructions for a disability application:

To be eligible for a disability pension, a participant must:

(1) file a complete application with the Fund Office;

(2) stop working in Covered Employment because of a condition of Total Disability;

(3) have at least 10 years of Vesting Service;

(4) have not started to receive a Regular Pension Benefit;

(5) be determined to have a Total Disability by the Administrative Committee of the Board of Trustees;

(6) not be eligible, on his or her Pension Effective Date for a Regular Pension Benefit; and

(7) have earned at least 1 Year of Vesting Service in the three calendar year period immediately preceding the Pension Effective Date.

To clarify requirement #6, you become eligible to receive a Regular Pension Benefit when you meet either of the following requirements:

  • You reach  your  Normal  Retirement  Age  (generally  age  65)  while  you  are  still  an  Active Participant; or
  • You reach age 55, are vested, and retire from all Covered Employment.

Have questions about your retirement planning? Does your financial advisor have the specific expertise and experience of working with professional musicians? Send me a message and let’s discuss your goals.

New IRS Rule Spoils SEP-IRA for Musicians

The SEP-IRA has been a key retirement tool for self-employed and 1099 musicians, but its value just got unexpectedly reduced last month, buried in the details of a 249-page release of new IRS regulations. I’m afraid that many self-employed musicians who read this may want to fund a different type of retirement account or may decide to stop their SEP contributions altogether going forward. If you’re a W-2 musician, this doesn’t apply to you, and if you are strictly a W-2, you weren’t eligible for a SEP anyways.

The new regulations don’t directly change a SEP contribution – it’s still a tax deductible contribution. Self-employed musicians are also eligible for a new 20% tax deduction, called the Qualified Business Income or QBI deduction, officially IRC Section 199A. The QBI Deduction is new for 2018 as a result of the Tax Cuts and Jobs Act put into law in December 2017. 

The QBI Deduction is available to pass-through entities, including S-corporations, LLCs, and sole proprietors. You do not have to be incorporated, anyone with self-employment income (including 1099 “independent contractor”) is eligible. For “Specified Service Businesses”, including performing artists such as musicians, the QBI deduction is phased out if your income is above $157,500 (single) or $315,000 (married) for 2018.

(I’ve written about the QBI Deduction for musicians previously on my site HERE, as well as for the International Musician.)

What was a surprise announcement in the January 2019 regulations, some 13 months after Congress signed the new law, is that all self-employed people have to subtract any “employer paid retirement contributions” from their Qualified Business Income. It was previously thought this would only apply to S-corporations. This was not mentioned or hinted at in the legislation or in the regulations the IRS published in August. In fact, many tax software programs are having to be rewritten because of the January announcement. The SEP-IRA, even for a sole proprietor, is considered a type of employer-sponsored retirement plan, even though the employer and the employee are the same person.

It may be easiest to explain this with an example. Let’s say you make $60,000 as a self-employed musician and choose to contribute $10,000 to a SEP IRA. (In this example, I am assuming that your taxable income and your Qualified Business Income are the same, but in some cases, they will be different.) Now, instead of getting the 20% deduction on the $60,000 of Qualified Business Income, worth $12,000 off your income, you have to subtract your SEP contribution of $10,000 to reduce your QBI to $50,000. Now your QBI deduction will be $10,000, $2,000 less than if you had not made the SEP contribution.

Your SEP contribution reduced the value of your QBI deduction by $2,000, so instead of adding a $10,000 benefit, your SEP contribution only increased your deductions by $8,000. Another way of looking at this: if you are eligible for the QBI, you are only getting 80% of the value of a SEP Contribution, but 100% of your SEP contribution will be taxable when you withdraw it in the future.

And that’s a problem. The $10,000 you contributed to a SEP only provided an increase of $8,000 in deductions, but the full $10,000 will be taxable when you withdraw it later in retirement, plus the tax on any growth. Who wants to get an $8,000 deduction today and immediately have a $10,000 future tax liability? 

You might pay less in lifetime taxes by not making the SEP contribution, receiving 100% of the QBI deduction and then investing your $10,000 in a taxable account. The growth of the taxable account, by the way, could be treated as long term capital gains, which for most taxpayers is at a lower rate than the ordinary income rates applied to growth of your SEP (when withdrawn).

There are three additional solutions which you might consider rather than a funding SEP, given this new rule.

1. Traditional IRA. The Traditional IRA contribution will reduce your personal taxes, unlike a SEP, which is considered an employer sponsored plan. The SEP reduces the amount of your QBI deduction, but the Traditional IRA does not. However, there are two issues with the Traditional IRA:

  • The contribution limit is only $5,500 for 2018 ($6,500 over age 50). With a SEP, you could contribute as much as $55,000, ten times more than a Traditional IRA.
  • If you or your spouse are covered by any employer retirement plan, your eligibility to deduct a Traditional IRA contribution depends on being under income limits.  (Details here.)

If you are single and are not covered by any employer plan (or married and neither spouse is eligible for a company plan), then there are no income restrictions on a Traditional IRA. And if you were planning on contributing less than $5,500 to your SEP, just skip the SEP altogether and fund a Traditional IRA so you can receive the full QBI deduction.

If you are eligible for both a Traditional IRA and a SEP, I would always fund the IRA first to the maximum, and only then make a contribution to the SEP.

2. Roth 401(k). A Traditional 401(k) or Profit Sharing Plan, like a SEP, can also land you in the penalty box for the QBI as a self-employed person. However, if you set up an Individual 401(k) plan that allows for Roth 401(k) contributions, then you will receive the full QBI deduction, even if you put $18,500 into your Roth 401(k). 

Of course, you won’t get a tax deduction for the Roth contributions you make, but that account will grow tax-free going forward, which is a lot better than a taxable account. It’s a great option if you anticipate being in the same or similar tax bracket in retirement as you have today. The only problem is that unlike a Traditional IRA, you cannot establish a 401(k) today for the previous year (2018). 

But you can establish one for this year, and if you’d like to do so, I can help you with this. 

3. Spouse’s 401(k)/IRA. If you are self employed, but your spouse has a regular W-2 job, have your spouse increase their 401(k) contributions through their employer. That won’t ding your QBI Deduction and will reduce your joint taxable income dollar for dollar. If your spouse is eligible for a Traditional IRA – including a Spousal IRA if they do not have any earned income – that would also be preferable to having the self-employed spouse fund a SEP-IRA.

I do not want to suggest anything to discourage musicians from saving for retirement! But when one type of retirement account will reduce other tax deductions, I want to make sure that all my clients are informed to make the best choices for their situation. Feel free to email or call me if you’d like more information.

This article does not offer or imply individual tax advice; please consult your tax professional for information regarding your personal situation. 

7 Missed IRA Opportunities for Musicians

The Individual Retirement Account (IRA) is the cornerstone of retirement planning, yet so many musicians miss opportunities to fund an IRA because they don’t realize they are eligible. With the great tax benefits of IRAs, you might want to consider funding yours every year that you can. Here are seven situations where many musicians don’t realize they could fund an IRA.

1. Spousal IRA. Even if a spouse does not have any earned income, they are eligible to make a Traditional or Roth IRA contribution based on the household income. Generally, if one spouse is eligible for a Roth IRA, so is the non-working spouse. In some cases, the non-working spouse may be eligible for a Traditional IRA contribution even when their spouse is ineligible because they are covered by an employer plan and their income is too high.  This is great if one spouse is a stay-at-home parent or in school.

2. No employer sponsored retirement plan. If you are single and your employer does not offer a retirement plan (or if you are married and neither of you are covered by an employer plan), then there are NO income limits on a Traditional IRA. If you are a self-employed musician, and looking to get started with saving for retirement, start with a Traditional or Roth IRA.

(Note that this eligibility is determined by your employer offering you a plan and your being eligible, and not your participation. If the plan is offered, but you choose not to participate, then you are considered covered by an employer plan, which is number 2:)

3. Covered by a employer plan. Here’s where things get tricky. Anyone with earned income can make a Traditional IRA contribution, but there are rules about who can deduct their contribution. A tax-deductible contribution to your Traditional IRA is greatly preferred over a non-deductible contribution. If you cannot do the deductible contribution, but you can do a Roth IRA (number 4), never do a non-deductible contribution. Always choose the Roth over non-deductible. The income limits listed below do not mean you cannot do a Traditional IRA, only that you cannot deduct the contributions.

If you are covered by an employer plan, including a 401(k), 403(b), SIMPLE IRA, pension, etc., you are still eligible for a Traditional IRA if your Modified Adjusted Gross Income (MAGI) is below these levels for 2018:

  • Single: $63,000
  • Married filing jointly: $101,000 if you are covered by an employer plan
  • Married filing jointly: $189,000 if your spouse is covered at work but you are not (this second one is missed very frequently!)

Your Modified Adjusted Gross Income cannot be precisely determined until you are doing your taxes. Sometimes, there are musicians who assume they are not eligible based on their gross income, but would be eligible if they look at their MAGI.

4. Roth IRA. The Roth IRA has different income limits than the Traditional IRA, and these limits apply regardless of whether you are covered by an employer retirement plan or not. (2018 figures below.) If you don’t need a tax deduction for this year and are eligible for both the Traditional and Roth, I’d go for the Roth. 

  • Single: $120,000
  • Married filing jointly: $189,000

5. Back-door Roth IRA. If you make too much to contribute to a Roth IRA, and you do not have any Traditional IRAs, you might be able to do a “Back-Door Roth IRA”, which is a two step process of funding a non-deductible Traditional IRA and then doing a Roth Conversion. We’ve written about the Back Door Roth several times, including here.

6. Self-Employed. If you have any self-employment income, or receive a 1099 as an “independent contractor”, you may be eligible for a SEP-IRA on that specific income. This is on top of any 401(k) or other IRAs that you fund. It is possible, for example, that you could put $18,500 into a 403(b) at a University job, contribute $5,500 into a Roth IRA, and still contribute to a SEP-IRA for self-employed gigs.

There are no income limits to a SEP contribution, but it is difficult to know how much you can contribute until you do your tax return. The basic formula is that you can contribute up to 20% of your net income, after you subtract your business expenses and one-half of the self-employment tax. The maximum contribution to a SEP is $55,000 for , and with such high limits, the SEP is essential for any musician who is looking to save more than the $5,500 limit to a Traditional or Roth IRA. 

Learn more about the SEP-IRA.

7. Tax Extension. For the Traditional and Roth IRA, you have to make your contribution by April 15 of the following year. If you do a tax extension, that’s fine, but the IRA contributions are still due by April 15. However, the SEP IRA is the only IRA where you can make a contribution all the way until October 15, when you file an extension. 

Bonus #8: If you are over age 70 1/2, you generally cannot make Traditional IRA contributions any longer. However, if you continue to have earned income, you may still fund a Roth IRA after this age.

A few notes: For 2018, contribution limits for Roth and Traditional IRAs are $5,500 or $6,500 if over age 50. For 2019, this has been increased to $6,000 and $7,000. You become eligible for the catch-up contribution in the year you turn 50, so even if your birthday is December 31, you are considered 50 for the whole year. Most of these income limits have a phase-out, and I’ve listed the lowest level, so if your income is slightly above the limit, you may be eligible for a reduced contribution. 

Retirement Planning is our focus, so we welcome your IRA questions! Most musicians are going to be responsible for funding their own retirement plans and we want to see you succeed. Be sure you don’t miss an opportunity to fund an IRA each and every year that you are eligible. 

Musicians, Reduce Your Taxes Without Itemizing

If you used to itemize your tax deductions, chances are you will not be able to do so in 2018 under the new Tax Cuts and Jobs Act (TCJA). While it sounds good that the standard deduction has been increased to $12,000 single and $24,000 married, many musicians are lamenting that they no longer can deduct many expenses from their taxes. (See Tax Bill Passes, Strategies for Musicians.)

As a reminder, these changes impact W-2 employees. Musicians who are self-employed or “1099” can continue to deduct business expenses on Schedule C, as well as take the standard deduction. However, for any taxpayer who used to itemize on Schedule A, we’ve lost the following deductions in 2018:

  • Miscellaneous Itemized Deductions, including all unreimbursed employee expenses, tax preparation fees, moving expenses for work, and investment management fees. W-2 musicians have lost the ability to deduct instruments, equipment and supplies, concert clothes, mileage, home office expenses, union dues, etc.
  • Interest payments on a Home Equity Loan
  • Property Tax and other state and local taxes are now capped at $10,000 towards your itemized deductions.

For a married couple, even if you have the full $10,000 in property tax expenses, you will need another $14,000 in mortgage interest and/or charitable donations before you reach the $24,000 standard deduction amount. If you do have $25,000 in deductible expenses, you would effectively be getting only $1,000 more in deductions than someone who spent zero. And that $24,000 hurdle makes it a lot less attractive to try to maximize your itemized deductions any more.

Under the new law, people are no longer going to be able to say “it’s a great tax deduction” when buying an expensive home. When you take the standard deduction, you’re not getting any tax benefit from being a homeowner or having a mortgage.

So if you’ve lost your itemized tax deductions for 2018, can you you do anything to reduce your taxes? Thankfully, the answer is yes. I’m going to share with you 9 “above the line deductions” and Tax Credits you can use to lower your tax bill going forward.

Above The Line Deductions reduce your taxable income without having to itemize on Schedule A. All of these savings can be taken in addition to the standard deduction.

1. Increase your contributions to your 401(k)/403(b) or employer retirement plan. For 2018, the contribution limits are increased to $18,500 and for those over age 50, $24,500. What a great way to build your net worth and make automatic investments towards your future.

2. Many people who think they are maximizing their 401(k) contributions don’t realize they or their spouse may be eligible for other retirement contributions. If you have any 1099 or self-employment income, you may be eligible to fund a SEP-IRA in addition to a 401(k) at your W-2 job. Spouses can be eligible for their own IRA contribution, even if they do not work outside of the home.

3. Health Savings Accounts are unique as the only account type where you make a pre-tax contribution and also get a tax-free withdrawal for qualified expenses. You can contribute to an HSA if you are enrolled in an eligible High Deductible Health Plan. There are no income restrictions on an HSA. For 2018, singles can contribute $3,450 to an HSA and those with a family plan can contribute $6,900. If you are 55 and over, you can make an additional $1,000 catch-up contribution.

4. Flexible Spending Accounts (FSAs) or “cafeteria plans” can be used for expenses such as child care or medical expenses. These are often use it or lose it benefits, unlike an HSA, so plan ahead carefully. If your employer offers an FSA, participating will lower your taxable income.

5. The Student Loan Interest deduction remains an above-the-line deduction. This offers up to a $2,500 deduction for qualifying student loan interest payments, for those with an AGI below $65,000 single or $130,000 married filing jointly. This was removed from early versions of the TCJA but made it back into the final version.

Tax deductions reduce your taxable income, but Tax Credits are better because they reduce the amount of tax you owe. For example, if you are in the 24% tax bracket, a $1,000 deduction and a $240 Tax Credit would both reduce your taxes by $240.

Tax Credits should be automatically applied by your CPA or tax software. For example, if you have children, you should get the Child Tax Credit, if eligible. (Since it’s only February, there is still time to make a child for a 2018 tax credit!) If you are low income, still file a return, because you might qualify for the Earned Income Tax Credit. But there are other tax credits where you might be eligible based on your actions during the year. Here are four Tax Credits:

6. The Saver’s Tax Credit helps lower income workers fund a retirement account such as an IRA. For 2018, the Savers Tax Credit is available to singles with income below $31,500 and married couples under $63,000. The credit ranges from 10% to 50% of your retirement contribution of up to $2,000. Note for married couples, if you qualify for the credit, it would be better to put $2,000 in both of your IRAs, and receive two credits, versus putting $4,000 in one IRA and only getting one credit. If you have a child over 18, who is not a dependent and not a full-time student, maybe you can help them fund a Roth IRA and they can get this Tax Credit. Read the details in my article The Saver’s Tax Credit.

7. Originally cut out of the House bill, the $7,500 Tax Credit for the purchase of an electric or plug-in hybrid vehicle was reinstated in the final version of the TCJA signed into law. The credit is phased out after each manufacturer hits 200,000 vehicles sold, so if you were planning to add your name to the 450,000 people on the waitlist for a Tesla Model 3, forget about the Tax Credit. But there are many other cars and SUVs eligible for the credit which you can buy right now. There are no income limits on this credit, but please note that this one is not refundable. That means it can reduce your tax liability to zero, but you will not get a refund beyond zero. For example, if your total taxes owed is $5,200, you could get back $5,200, but not the full $7,500.

8. Child and Dependent Care Tax Credit. To help parents who work pay for daycare for a child under 13, you can claim a credit based on expenses of $3,000 (one child) or $6,000 (two or more children). Depending on your income, this is either a 20% or 35% credit, but there is no income cap.

9. New for 2018: The $500 Non-Child Dependent Tax Credit. If you have a dependent who does not qualify for the Child Tax Credit, such as an elderly parent or disabled adult child, you are now eligible for a $500 credit from 2018 through 2025.

Even with the loss of many itemized deductions, you may still be able to reduce your tax bill with these nine above the line deductions and Tax Credits. We want to help professional musicians find Financial Security, whether that is through long-term, diversified investment strategies, by teaching you how to save on taxes, or making sure you can afford to maintain your lifestyle in retirement. If you want an advisor who is knowledgeable about your unique financial needs as a musician, let’s talk about what our program can do for you.

What is Critical and Declining Status?

If you are a participant in the Musicians’ Union Pension, the AFM-EPF, you may have received an email this week that said that thanks to good investment performance, the plan would remain in Critical status but not move into “Critical and Declining” status. The message notes that it is still possible that the plan will become “Critical and Declining” next year or in the future. What does this mean to the future of the plan if you are an active participant or a retiree? Here’s what you need to know.

The US Department of Labor’s Employee Benefit Security Administration (EBSA) is charged with enforcing ERISA regulations regarding retirement plans, including multi-employer pension plans, such as the AFM-EPF. Under ERISA Code Section 305, multi-employer plans which are underfunded fall into three categories. Here is a simplified summary:

  1. Endangered Plans have a funded percentage under 80%. They are required to adopt a Funding Improvement Plan to increase the plan’s funded percentage.
  2. Critical Plans have a funded percentage under 65%. Plans in Critical Status (“red zone”) must implement a Rehabilitation Plan which will enable the plan to emerge from Critical Status.
  3. Critical And Declining is reserved for plans which are projected to become insolvent within 15 years (or in some situations, 20 years).

The current 2016 Rehabilitation Plan from the AFM-EPF indicates that Milliman (the plan actuaries) now projects that the plan will not emerge from Critical Status. The steps taken in 2010 will not be sufficient for the plan to remain solvent.

Once a plan is in the Critical And Declining category, the plan administrators are allowed (but not required) to reduce current and future benefits in order to try to save the plan or increase the amount of time that assets will last. They can reduce benefits to no lower than 110% of the Federally guaranteed minimum under the Pension Benefits Guarantee Corporation (PBGC) rules. Please read my previous article on how to calculate the PBGC guarantees.

As independent fiduciaries, I believe the pension administrators would legally need to consider reducing payouts, even to current retirees, if the plan was labeled as Critical and Declining. Their duty would be to try to save the plan. Needless to say, no one wants to see the pension cut payouts which were promised to participants and retirees. However, the actuaries have already said that the Rehabilitation Plan is not going to work and we should now take “reasonable measures to forestall possible insolvency.”

If you are 80 years old, you might not live to see the plan terminate. But if you are 50 years old, the plan might be taken over by the PBGC before you retire and then you may face a big cut in benefits. For active participants, you would want cuts now to try to save the plan or delay for as long as possible its insolvency. Current participants are already receiving less than 1/4 the payout, $1 versus $4.65, for every $100 contributed compared to contributions made before 2004.

For a retiree, however, having the pension renege on the payment they were promised could be financially devastating. At least the current participant has the option of working longer or getting another job. But in the end, if the plan becomes insolvent, all participants will be reduced to the PBGC payout regardless of what we had been promised or had “earned”.

Unfortunately, there is no easy solution to this mess. We are seeing the same situation in pensions around the country, not just multi-employer plans, but also municipal plans like the Dallas Fire and Police Pension, and even Social Security faces insolvency in less than 20 years. The Pension Industry made fatal mistakes in what they thought they could provide and now participants are going to be left holding the bag. There are only two choices, reduce payouts or increase contributions. But the amount of increases that would be needed to make pensions whole is unfeasible, so I believe we will be forced to accept cuts at some point in the future. The question is whether we will make these changes in a deliberate, well-planned manner, or if we are going to continue to deny the problem until the ship has sunk.

What Would Happen If The AFM-EPF Fails?

Pensions offer what may be the ideal source of retirement income. I have written a number of times about the critical status of the American Federation of Musicians Employer Pension Fund (AFM-EPF), a multiemployer pension plan which covers 50,000 professional musicians in America. Given that the Actuaries do not believe that their rehabilitation plan will enable the plan to emerge from critical status, you may wonder: What would happen to your pension if the plan were to terminate or fail?

The AFM-EPF is covered by the Pension Benefit Guaranty Corporation, a federal agency that was chartered to protect pension plan participants. The PBGC is funded through required employer contributions and receives no tax dollars.

Even though the pension plan is insured, there are limits on the amount of coverage available to individuals through the PBGC. If a plan terminates and you are vested, but not yet retired and receiving benefits, you would be covered only for your currently vested benefits and would not receive any further credit for future work. This is important: The PBGC will only cover vested benefits and a plan termination will halt the accrual of future benefits.

If you are retired and already receiving benefits, the PBGC has limits on the monthly benefit they would cover. If a plan terminates and is taken over by the PBGC, you could see your monthly benefit drop by a significant amount. The PBGC provides different levels of coverage for single-employer plans and multiemployer plans. All the information below relates to multiemployer plans, such as the AFM-EPF.

(If you are also a participant in a single-employer plan, you can find information on PBGC coverage here: PBGC Monthly Maximum Tables.)

For participants the AFP-EPF, your maximum coverage under the PBGC is based on your years of service. If your pension benefit is above the monthly guaranty amount, and the plan were to fail, your benefit would be reduced to the PBGC maximum. Here’s how the PBGC calculates their coverage:

PBGC formula for Multiemployer Plans
100% of the first $11 of monthly benefits,
Plus 75% of the next $33 of monthly benefits,
Times the number of years of service.

The maximum monthly benefit under the PBGC then is $35.75 times the number of credited years of service. For example, if you were a participant for 30 years, your maximum benefit would be $1072.50 a month, or $12,870 a year. And in order to get $35.75 from the PBGC, you’d have to be receiving at least $44 from the pension. In other words, to get the PBGC benefit of $12,870 a year, your pension benefit amount would need to be at least $15,840.

Please note that this example is based on 30 years of service; if you had more or less than 30 years of service, your benefits under the PBGC could be higher or lower. The amounts for Multiemployer plans are not indexed for inflation and do not receive Cost of Living Adjustments. There is no plan to increase these amounts. Link: Multiemployer Benefit Guarantees.

Musicians need to have multiple legs on their retirement plan: pension, Social Security, investment accounts including IRAs, and other sources of income. If you try to have a plan that rests entirely on one leg, you are potentially asking for trouble. The trustees of the AFM-EPF are looking to forestall possible insolvency, but the plan actuaries do not calculate that the plan will ever recover to a fully funded status. In your planning, please consider not only the benefit offered by the EPF, but also make sure you understand and calculate what your benefit would be if the plan were to terminate and be taken over by the PBGC.

AFM Pension Plan Slide Continues

Participants in the AFM Employers’ Pension Fund (AFM-EPF) received the annual funding notice and notice of critical status this week. Unfortunately, this year’s report is not good, and this notice does little to explain why.

Each year, pension administrators are required to evaluate their plan’s “funded percentage” as a measure of the plan’s financial capacity. The funded percentage is the actuarial value of the plan’s assets divided by the actuarial value of its liabilities. A funded percentage of 100% or higher would indicate a fully funded plan. Our plan has been in critical status since 2010, as have many plans, following the crash of 2008-2009 which greatly impacted asset values.

Two years ago, the AFM-EPF, reported a funded percentage of 85.7%. This declined to 81.6% last year, and then to 76% this year, which means that the plan presently has only 76 cents for every dollar of future benefits promised. The funded percentage is based on “actuarial” values, which means that these numbers are actually adjusted to smooth out stock market fluctuations and to discount future benefits back to today’s dollars. Also alarming is a large decline is the actual, “fair market value” of assets.

The fair market value of plan assets sat at $1,823,000,326 as of 3/31/2014, and stayed fairly level over the following year, to $1,818,080,945 as of 3/31/2015. Over the past year, however, assets declined by $114 million to $1,703,971,000, a drop of over 6%. During the most recent plan year (April 1, 2015 to March 31, 2016), the S&P 500 Index delivered a total return of 1.78%, so this wasn’t due to a terrible stock market environment.

It is also worth noting that the fair market value of assets is substantially lower than the actuarial values. As of April 1, 2015 (the most recent value made public), the actuarial value of assets was listed as $2,066,699,976, or $248 million more than the fair market value. That is a quarter billion dollars in smoothing! Over time, as we get further away from 2009, this gap should narrow. The actuarial values should eventually decline towards the fair market values – meaning that the funded percentage is unlikely to improve significantly even if the market performs strongly next year.

Over this same time period, the actuarial value of liabilities has been steadily increasing, from $2.39 billion in 2013 to $2.46 billion in 2014 and $2.53 billion in 2015. Increasing liabilities and decreasing assets are why the funded percentage has worsened.

One of the most significant changes to the plan has been dramatic reduction in the Benefit Multiplier. Put bluntly: the current participants are going to receive less than one-quarter of the benefits promised to previous beneficiaries and are going to bear the pain of the rehabilitation plan, while older participants will still receive their full benefits. Over time, the lower Benefit Multiplier should help improve the funded percentage.

The Benefit Multiplier is used to calculate a monthly payment for each $100 that has been contributed to the plan in your name. The multipliers below are all for retirement at age 65, and contributions earned in the following dates:

  • Before 1/01/2004: $4.65
  • Between 1/01/2004 and 4/01/2007: $3.50
  • Between 4/01/2007 and 4/01/2009: $3.25
  • Between 4/01/2009 and 1/01/2010: $2.00
  • After 1/01/2010: $1.00

Over this time period, the monthly benefit fell from $4.65 per $100 contribution to $1.00. I have to admit, I am baffled how the old payout was ever going to work. Someone who had $100 in contributions in 2003 and retired in 2004 at age 65 would get $4.65 a month, or $55.80 a year for the rest of their life? From $100?

I studied Pension Accounting in the CFA Program, and I understand how these decisions were made. The assumptions are crucial decisions. They assume a rate of return, a number of new and retiring participants, wage and contribution growth, and even the life expectancy of the average beneficiary. Unfortunately, many of these assumptions have proved overly optimistic, not just for the AFM-EPF, but for many pension plans. The rate of return has been lower in stocks since 2000, and is going to be much lower in bonds, going forward. Participants are living longer than the mortality tables (created decades ago) predicted. Growth in contributions and inflation make what seems like high pension payments possible in the future. Unfortunately, employers in music – specifically orchestras and the recording industry – are not areas of high contribution growth either in the number of musicians employed or in covered wages.

The EPF created the Rehabilitation Plan in 2010, which the Actuaries originally thought would enable the plan to emerge from critical status by 2047. Today, they no longer believe that the rehabilitation plan will work, only that it should forestall insolvency for at least 20 years. Past 20 years, they say that it is difficult to predict. This is a troubling development, and it’s not information which was shared in the plan mailing. If you want to find this information, you have to go online and download the June 27, 2016 update to the Rehabilitation Plan. On page 9:

“Currently, Milliman does not project that the Plan will emerge from critical status. Accordingly, the objective of the Rehabilitation Plan is to take reasonable measures to forestall possible insolvency.”

What does all this mean to you?

  1. The plan remains in critical status, and may worsen. The plan actuaries now believe that the rehabilitation plan will not enable to the plan to emerge from critical status. The funded status would be even worse if they used the fair market value of assets rather than the actuarial value.
  2. The plan has already slashed benefits going forward, but may need to lower payouts further if they want to guarantee solvency.
  3. Each year that the funded ratio declines, we are closer to the eventual possibility that the plan will be taken over by the Federal Government, via the Pension Benefit Guarantee Corporation, or PBGC. Note that the PBGC provides a reduced benefit and has a maximum guarantee of $35.75 times the number of years of service. (For example, if you participated for 30 years, your maximum monthly benefit would be $1072.50, even if the AFM-EPF had planned to pay you $2,000 a month.)
  4. Even in the best case scenario, musicians who joined the plan since 2010 will receive a small fraction of the benefits paid to those who had earnings before 2004. Newer participants had better have other sources of retirement income.
  5. The conversation we are having now on the AFM-EPF, all Americans should be having about Social Security. It is also in jeopardy and will not work as originally designed. Benefits promised cannot be delivered. We must make changes, including lowering benefits, lifting the retirement age, and increasing personal savings.

I trust our AFM Leadership to take the steps to fix the EPF. As a multi-employer plan with contribution rates determined by hundreds of CBAs and union agreements throughout the country, increasing contributions further is not a feasible option. Getting the plan to be fully funded may require tough decisions about cutting benefits. If you are concerned about your retirement, whether it is next year or 35 years away, give me a call and we will create a plan for your needs and goals.

Self Employed? Discover the SEP-IRA.

The SEP-IRA is a terrific accumulation tool for workers who are self-employed, have a family business, or who have earnings as a 1099 Independent Contractor. SEP stands for Simplified Employee Pension, but the account functions similar to a Traditional IRA. Money is contributed on a pre-tax basis, and then withdrawals in retirement are taxable. Distributions taken before age 59 1/2 may be subject to a 10% penalty.

How Some Investors Saved 50% More

While some people view risk as synonymous with opportunity, the majority of us don’t enjoy the roller coaster ride of investing.  Our natural proclivity for risk-avoidance can, unfortunately, become a deterrent in deciding how much we save. Without having specific goals, investors often default to a relatively low contribution rate to retirement accounts and other investment vehicles.  They commit only how much they feel comfortable investing, rather than looking at how much they actually need to be saving in order to fund their retirement or other financial goals.