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GM Retirees Wary of Health Care Trust Funds

By Barbara Wieland, Lansing State Journal

July 23, 2007

For General Motors Corp. retirees, union contract talks that start today may give them a sense of deja vu.

Two years ago, the automaker and the United Auto Workers union agreed to revamp retiree health care benefits. Retirees were told to pay more for them, and a trust fund was established to pay for retiree health care through 2011.

Domestic automakers want to make those kinds of arrangements permanent, industry analysts say. Shifting the burden of retiree health care costs from a company to a trust fund gets billions of dollars in liabilities off the corporate books. That could help put the automakers on stronger financial footing.

But many retirees are wary of such a plan, which would be administered by the UAW. Among their concerns: What happens if health care costs grow faster than the trust fund?

If the money bleeds out of the fund, these retirees fear, their health care coverage will vanish.

"When the money is out, it's gone for good," said Jim Ramey, 76, who retired from the now-demolished Lansing Car Assembly plant in 1995.

$3.3B cost annually

Industry analysts say creating such a trust fund, known as a Voluntary Employee Beneficiary Association, could mean the difference between profitable carmakers and companies landing in bankruptcy.

GM alone has 357,000 retired autoworkers and surviving spouses drawing pensions and other benefits. Retiree health care benefits for salaried and hourly workers cost GM about $3.3 billion annually.

Together, the Detroit-area automakers - GM, Ford Motor Co. and Chrysler Group - have about $100 billion in health care promises, said David Cole, chairman of Ann Arbor-based Center for Automotive Research.

Currently, those expenses are counted against GM as liabilities on the company's balance sheet. Shifting the health care expenses into a Voluntary Employee Beneficiary Association, or VEBA, would get that off GM's books. That, in turn, could lead to better credit ratings and present a stronger financial picture for the automaker.

GM and UAW leaders have declined to discuss details of matters that are under negotiation. But VEBAs have been created in the past.

In fact, GM already has one. In 2005, GM and the UAW agreed to set up a VEBA fund for retiree health care, but it was designed to last through 2011.

Tire manufacturer Goodyear Tire & Rubber Co. and auto parts supplier Dana Corp. also have set up VEBA funds.

Andy Kramer, a Michigan State University graduate who went on to earn a law degree at Northwestern University , helped set up the Dana and Goodyear plans. He's currently a partner at Jones Day law firm in Washington , D.C.

Kramer said such funds protect retirees as they improve corporate finances.

"Retirees fear that if their company goes bankrupt, they will lose all their benefits. If there is a VEBA, that won't happen," he said.

The funds are managed by a board of trustees, typically composed of union, company and outside members.

However, some industry analysts say organized labor actually has more control because it administers the program.

"They shift the responsibility for health care to the unions," Cole said. "If they invest the funds well, they will grow."

Cash on hand                                    

Cole said VEBA arrangements are more likely to be made now because the domestic automakers have cash on hand to fund them.

Setting up a VEBA fund takes a lot of money. For example, the current GM VEBA was set up to be funded with three $1 billion contributions and deferred pay raises from hourly workers.

"Right now, the ability to fund something like that is there," Cole said. "I don't think the unions have any choice but to take them up on an offer like this."

If they don't, Cole said, a bankruptcy filing becomes more likely. Ford has been mentioned as particularly vulnerable to such a scenario.

A VEBA would "improve the balance sheet and the credit rating and decrease the cost of doing business," Cole said.

But not everyone is so sanguine about VEBA funds.

Haslett resident Leroy McKnight, a GM retiree, has been fighting the original VEBA in court. His appeal of the agreement is being considered by the U.S. 6th Circuit Court of Appeals in Cincinnati .

McKnight believes the VEBA was set up to be underfunded and doubts GM has any intention of paying more into the fund.

The $3 billion GM put into the fund "seems to be quite a shortfall," McKnight said. "That's part of the reason I got involved with the lawsuit."

Concerns about future

Other retirees are equally wary of VEBAs.

Ramey said the 2005 VEBA is partially funded through pay increase deferrals from active workers. But as GM's work force continues to decline - it dropped 60.7 percent to 116,378 workers between 1994 and 2006 - the growth of VEBA funds could become more tenuous.

"There's not as many active workers to contribute," he said. "It worries me about what's going to happen when the fund runs dry."

Nor can retirees afford to contribute much more to health care in the form of higher co-pays and premiums, said Henry Hoisington, 89, who retired from GM in 1977.

The 2005 agreement also increased the amount retirees pay for health care out-of-pocket, he said. And that takes a bite out of retirees who live on fixed incomes, he said.

"What we want out of these talks is to hang on to what we've already got," he said. "What we want is for them to not take away some more."


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