This Comment addresses the debate within Congress and the pension community over the disposition of any excess assets remaining after a pension plan is terminated and all its liabilities are paid. Congress is reviewing the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code in the hopes of clarifying alleged problems with asset reversion. The author sees Congress leaning toward either severely restricting future reversions or disallowing them altogether. Any significant changes in the law regarding reversions will be highly detrimental to all concerned in the private pension system. The Comment outlines the unique nature of defined benefit plans and analyzes the pertinent current and future legislations. He concludes that Congress should look toward alternate methods for increasing benefit security for participants while continuing strong incentives to sponsoring employers.
John H. Abbott,
Legislating Reversions: A Mistken Path Leading to Drastic Results,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol26/iss5/9