As previously discussed, the SECURE 2.0 Act of 2022 (“SECURE 2.0”) that was signed into law on December 29, 2022 as part of the 2023 Consolidated Appropriations Act includes a slew of changes for retirement plan sponsors and employers.

One of the many changes is an end to the annual indexing of the PBGC’s variable rate premium for single-employer pension plans, which is the portion of the single-employer plan premium that is based on a plan’s unfunded vested benefits (as determined using the PBGC’s premium funding rules).  SECURE 2.0 freezes the variable rate premium at $52 per $1,000 of unfunded vested benefits.  This provides some welcome relief for plan sponsors who saw the variable rate premium increase significantly over the last decade.  The Moving Ahead for Progress in the 21st Century Act passed in 2012 increased the variable rate premium and added indexing to reflect inflation, raising the rate from $9 per $1,000 of unfunded vested benefits in 2013 to the current rate.

However, the rate freeze will have limited to no impact on employers that are already subject to the cap on variable rate premiums, which is currently equal to $652 per participant.  This is because the cap is also indexed and SECURE 2.0 does not end indexing for the cap.  Because the cap will continue to increase each year based on inflation, employers that are subject to the cap will see their variable rate premium continue to increase until (if ever) their variable rate premium falls below the cap.

SECURE 2.0 also does not change PBGC’s indexed flat-rate premiums for both single-employer pension plans and multiemployer pension plans.  Those rates are currently set at $96 per participant and $35 per participant, respectively.

For more information about SECURE 2.0, please see our other blog posts or contact a member of Proskauer’s Employee Benefits and Executive Compensation group.

Photo of Justin Alex Justin Alex

Justin S. Alex is a partner and a member of the Employee Benefits & Executive Compensation Group.

Justin advises private and public companies on all aspects of their employee benefits and executive compensation arrangements and plans.

He has particular experience in the sports…

Justin S. Alex is a partner and a member of the Employee Benefits & Executive Compensation Group.

Justin advises private and public companies on all aspects of their employee benefits and executive compensation arrangements and plans.

He has particular experience in the sports industry, including employment agreements for executives at the highest levels in professional sports and the benefits and compensation aspects of numerous transactions, such as the purchase or sale of the Buffalo Bills, Carolina Panthers, Denver Broncos, Miami Marlins, Real Salt Lake, OL Reign, Professional Hockey Federation, the Licensed Sports Group Unit of VF Corporation, Full Swing Golf, and ADPRO Sports and the merger of the USFL and XFL.

In addition to Justin’s general benefits and compensation practice, he spends a significant portion of his time advising employers and financial sponsors with respect to pension liabilities. He also advises the trustees of collectively bargained single-employer and multiemployer plans with respect to their administration, governance, and legal compliance.

Prior to joining Proskauer, Justin was an attorney in the Office of Chief Counsel at the Pension Benefit Guaranty Corporation (PBGC), where he gained significant experience with pension termination and underfunding issues. He also represented the PBGC in corporate bankruptcies and federal court litigation.

Justin is the co-editor of Proskauer’s Compensation & Benefits Blog and the Hiring Partner for Proskauer’s Washington office. He also serves on the Board of the Washington Lawyers’ Committee for Civil Rights and Urban Affairs.

Photo of Heather Monte Heather Monte

Heather Monte is an associate in the Tax and a member of the Employee Benefit and Executive Compensation Group.