PRINTER'S NO. 2353

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE RESOLUTION

No. 179 Session of 1987


        INTRODUCED BY COHEN, J. L. WRIGHT, PRESSMANN, WAMBACH, WOZNIAK,
           FREEMAN, KOSINSKI, RYBAK, ACOSTA, JOSEPHS AND WESTON,
           OCTOBER 19, 1987

        REFERRED TO COMMITTEE ON RULES, OCTOBER 20, 1987

                                  A RESOLUTION

     1  Memorializing the Congress of the United States to enact
     2     legislation to resolve the problems arising from the growing
     3     practice by employers of terminating pension funds to secure
     4     so-called "excess assets" and to use these assets for their
     5     own benefits.

     6     WHEREAS, The retirement security of millions of American
     7  workers is being undermined by the growing practice among
     8  employers of terminating financially sound employee pension
     9  plans; and
    10     WHEREAS, The object of employers in these terminations is to
    11  drain the so-called "excess assets" from these pension plans so
    12  that they can use the funds for other corporate purposes
    13  benefitting themselves; and
    14     WHEREAS, Since 1980, some 1,300 pension plans covering more
    15  than 1.6 million participants have been terminated so that
    16  companies could appropriate $16 billion of so-called "excess
    17  assets" from these plans; and
    18     WHEREAS, The funds being siphoned off by companies really
    19  belong to their workers, since a pension plan is not a

     1  conditional or discretionary gift by the employer but represents
     2  current wages withheld to pay a benefit on retirement; and
     3     WHEREAS, All responsible experts in the private pension field
     4  agree that action is needed to curb the abuses that are
     5  occurring with pension plan terminations and the reversion of
     6  excess assets; therefore be it
     7     RESOLVED, That the House of Representatives of the
     8  Commonwealth of Pennsylvania call upon the Congress of the
     9  United States to enact legislation that will recognize that
    10  pension fund assets are the deferred wages of workers and are
    11  held in trust for workers and retirees and that, therefore,
    12  employers have no right to appropriate these funds for other
    13  than fiduciary purposes.












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