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.
Within the next couple of months, the TVARS board must vote on a contribution amount to recommend that TVA make in fiscal year 2014. In conjunction with the contribution amount, it is possible the vote will include amendments to the rules. In conjunction with the contribution amount in 2009, the rules were amended to: suspend contribution requirements and related actuarial valuations for four years (Section 9B9); suspend the requirement that part of the contribution go to the “excess COLA account,” which was designed to accumulate and grow funds to be used for payment of future COLAs (Sections 9B9, 10D1 and 10D2); and reduce legitimate accrued pension benefits (Sections 6I, 7L and 18C3). The vote in 2009 was not open to observation, and unless the TVARS board takes action, neither will the vote this year. Not one of the six other TVARS board members would second the motion I made in December to open TVARS meetings to observation. All that is required to open future boa...
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