Already a hot topic thanks to ongoing discussions concerning the National
Pension Scheme, the South Korean parliament recently diverted further attention
towards retirement issues following the introduction of much-anticipated
corporate pension reforms.
Until recently, pension provision in Korea has been fairly low key. Two primary
sources currently exist to provide retirement benefits, but neither system is
ideal. The situation changed in 2003 when, following extensive negotiations
with unions and employers, the Government submitted a draft bill proposing a
new regulatory framework for retirement schemes. The Employee Retirement
Security Act was passed by the National Assembly in late 2004 and will become
effective on 1 December 2005, but how does this differ from the present system
and what does it mean for employers and employees?
Existing Retirement Schemes
State Support
Korea introduced the “Pay-As-You-Go” National Pension Scheme in 1988, under
which taxes paid by current workers are used to fund payments to current
pensioners. However, rising life expectancy and falling birth rates mean that
too many pensioners are now reliant on too few workers. Projections by the
Korea Development Institute show that without significant reform, taxes
collected will be insufficient to finance the promised payments. Proposals have
already been outlined which would reduce payments and raise contributions into
the system—although these are still subject to formal approval—but many people
still lack confidence in the National Pension Scheme.
The Severance Pay System
Since 1953, all companies in Korea with five or more employees must provide a
lump sum severance payment roughly equal to at least one month’s pay for each
year of service. However, the current system has several undesirable features:
-
Many employees in Korea work for small companies, which are often exempt from
the payment of severance pay. Such employees build up no provision for
retirement.
-
The severance payment is a multiple of the employee’s pay received in the final
period of employment, which may lead to unpredictable employer costs if salary
growth is not contained.
-
Payment can be taken as a lump sum at the time of leaving employment, and
accrued severance can even be paid while still in employment—a practice known
as “interim settlement. Such flexibility fails to encourage adequate security
of income once the employee has finally stopped working.
-
Companies are not required to set aside external assets to meet these eventual
payments, which can cause future cashflow strains. In the extreme case where an
employer becomes insolvent, employees can face the double problem of losing
their job and receiving no severance pay.
The Employee Retirement Security Act
The Employee Retirement Security Act (ERSA) provides a solution to many of these
issues and introduces several new aspects of retirement provision that will be
of interest to both employers and employees.
Existing severance pay provision is still allowed under the Act; however, the
ability to use “Retirement Insurance” deposits to offset the severance payment
will be eliminated by December 31, 2010. Employers who currently utilize
Retirement Insurance may see their overall obligations increase after this
date.
Defined Benefit Retirement Plans
Defined Benefit Retirement Plans (DB plans) will become an alternative to
providing severance pay, although they share similar characteristics in that
the payment must still be equivalent to at least one month of “final pay” for
each year of service. Stricter guidelines apply to the funding and disclosure
of information that employers must provide, and restrictions apply on
withdrawing funds before age 60.
Defined Contribution Retirement Plans
Defined Contribution Retirement Plans (DC plans) offer a significantly different
alternative to severance pay. These work like a savings plan, so that regular
contributions are added to an account by the employer and invested in
accordance with specific instructions. Employers must contribute at least 8.3
percent of pay into these accounts and additional voluntary employee
contributions allowable, with the eventual payment being linked to the value of
the account. Guidelines covering investment choices, disclosure of information
and withdrawal of funds before age 60 apply.
Individual Retirement Accounts
Individual Retirement Accounts (IRAs) can be established as an alternative by
employers with a workforce lower than 10 employees, or by individuals wishing
to secure additional retirement benefits.
Impact on Cost for Employers
The Government aims to encourage establishment of the new alternatives through a
range of incentives to employers. These details—in addition to many others—are
not yet available but will be announced via Presidential Decree in the near
future.
Theoretically, the cost impact to employers of operating a new DB or DC plan
compared to the existing severance pay scheme should be quite similar. However,
DC plans allow employers greater cost certainty since the obligation is limited
to the contributions paid into employee accounts. The risk of investment
returns being different to those expected is transferred to employees under
this system.
The new DB and DC plans require assets to be set aside in advance, which may
lower an employer’s immediate cash reserves. Such “pre-funding” will appeal to
employers who wish to mitigate the impact of cashflow requests at a later date.
The new proposals affect not only future retirement provision, but also existing
severance pay accrued before December 1, 2005. Employers will need to decide to
how to deal with these existing obligations, with the decision having a
potentially significant impact on the balance sheet and income statement.
Options to transfer severance pay to one of the new arrangements appear
possible, but have not yet been clarified.
The Next Step
Jim Humphrey, Head of Hewitt’s Retirement and Financial Management practice
says, “We welcome these reforms as a significant first step towards greater
security for employees in their retirement. The extent to which employers take
advantage of these new schemes depends upon many factors, such as the level of
tax incentives offered by the Government and the ability of service providers
to offer attractive investment and administrative solutions.”
Humphrey advises that whether you’re a CEO, Finance Director or HR Manager, it’s
worth keeping a watchful eye over these reforms and how they develop. Consent
from the “Employee Representative” is required for all decisions, even for
employers who choose to take no action. Fines and imprisonment await those who
fail to carry out their responsibilities with the necessary care and attention.
Employers may wish to review overall compensation and benefit provision before
making a decision about retirement schemes. Like all other items of
remuneration, retirement provision should align with an employer’s HR
philosophies and general business objectives. Valuable insight can also be
gained from analyzing the competitiveness of your current severance pay
provision and the value of accrued severance obligations.
The concept of individuals taking investment responsibility for their retirement
provision via DC plans is quite new to Korea, and DB plans will also see a
wider range of investment options for employers. Investment education is
critical if these new alternatives are to be understood, and effective
communication techniques will increase the chances of employees accepting and
buying into any changes proposed.
(This article first appeared in Hewitt Quarterly Asia Pacific magazine, May
2005)