I believe it is critical that the TVARS board specify in the
rules that the COLAs are "non-forfeitable" vested benefits as soon as
possible BEFORE any divestiture discussions take place. TVA has communicated for several years now
that it believes COLAs are "forfeitable," or not vested. TVA’s “understanding” could be “baked in” any
divestiture discussions if the TVARS board does not act quickly. I do not know the probability of divestiture
occurring, but I believe the TVARS board should protect the members of the
system by planning for the worst and hoping for the best.
In order to protect TVARS members in the event the federal government divests TVA, the TVARS board can clarify in the TVARS rules that COLAs are vested benefits . (See support from Dennis To here .) Time is very critical now that TVA is working with President Obama’s administration on a financial review of TVA which includes the option of TVA being divested from the federal government. (See here .) TVARS could be terminated upon divestiture. It is very important that the TVARS board take steps to safe-guard benefits before this occurs. If system termination occurs while TVARS remains significantly underfunded, TVARS may never be able to achieve fully funded status. Not one of the six other TVARS board members would second the motion I made in June 2012 to clarify that COLAs are vested benefits. Once again, I would be glad to forward any e-mails from you to the entire TVARS board. Please e-mail them to me at ljmuzyn@tva.gov .
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