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July 9, 2008    DOL Home > News Release Archives > EBSA 1995   

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Archived News Release--Caution: information may be out of date.

U.S. DEPARTMENT OF LABOR

PENSION AND WELFARE BENEFITS ADMINISTRATION

LABOR DEPARTMENT ANNOUNCES ISSUANCE OF GUIDANCE ON ANNUITIES

Wed., March 1, 1995

For more information call: 202/219-8921.

The U.S. Department of Labor will issue guidance on Monday requiring employers to purchase the safest available annuity contract for retirement benefits.

"The interpretive bulletin will better assure the protection of plan participants whose benefits are annuitized," said Olena Berg, Assistant Secretary of Pension and Welfare Benefits Administration, U.S. Department of Labor. "Fiduciaries must consider financial soundness, among other factors, when selecting annuity providers."

The bulletin requires fiduciaries to take steps to find the safest available annuity unless it is in the interest of the participants and beneficiaries to do otherwise. The bulletin also indicates that a fiduciary may conclude, after conducting an appropriate search, that more than one annuity provider is able to offer the safest available annuity.

The bulletin provides that plan fiduciaries must conduct a thorough search to identify and select insurers from which to purchase annuities. The process would include consideration of such factors as:

  • the quality and diversification of annuity providers' investment portfolios;
  • the size of the annuity provider relative to the proposed contract;
  • the level of the annuity of the providers' capital and surplus.

Workers often are provided annuity contracts to pay pension benefits when they leave their jobs or when a plan is terminated. In the past few years, questions have been raised about the security of annuity contracts, as best exemplified by the insolvency of Executive Life Insurance Company of California and New York, a major annuity provider. Worker groups and the General Accounting Office have recommended that guidance be provided to help fiduciaries comply with the Employee Retirement Income Security Act requirements in selecting annuity providers.

The interpretive bulletin is scheduled to be published in the March 6 Federal Register.


Archived News Release--Caution: information may be out of date.




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