It's a rhetorical question, I think.  Or, maybe not.  If I have already decided the answer, does that make it rhetorical.  Because here's the answer:  absolutely not.

Several months ago, I wrote a post about the wonder juice, Mona Vie.  It's a juice made with acai berry and other exotic sounding things that you couldn't possibly grow yourself.  You see, you would have to get the magic seeds from the depths of the Brazillian rain forest.  Ever wonder why the most healthy things in the world only grow in the far reaches of Brazillian rain forests and Himalayan mountain tops?

Anyway, I analyzed the business plan offered to those wishing to be part of the Mona Vie pyramid.  Er, I mean, take advantage of the exciting business opportunity.  Looks to me like it is possible to make some money.  Of course, I don't wish to view all of my friends and family as sales prospects.  So, I guess I wouldn't be successful.

Not surprisingly, the comments were one of two things.  Either it was someone telling us all that Mona Vie cured their high blood pressure, insomnia, baldness, made them taller, grew back their amputated leg, etc.  The other type of comment was that Mona Vie made them broke, ruined their marraige, caused them to be impotent and friendless.  Tragic, really.

So, I guess I shouldn't be surprised that it was that same post that instigated my first bit of hate mail.  Here's the email that I found in my inbox this morning:

"It seems that before you question the business of Mona Vie that you would at least find out what pv means.  Hey, here's a concept why don't you drink it for a month and then make your claims.  How long do you have to take vitamins before feeling any difference?  Do vitamins help lower your blood pressure because that is what Mona Vie has done for my mother.  Don't ruin it for everyone else who can benefit from the nutritional value of Mona Vie."

It was sent from the catering department of a golf course.  I wonder if she's slipping some acai berries into the fruit tart.  Lucky golfers.

The other day I picked up a copy of Malcolm Gladwell’s newest book, Outliers: The Story of Success. I’m only a third of the way through the book, but here’s my take on what I have read so far.

Gladwell believes that success is more than just “pulling oneself up by their bootstraps.” He tells the story of Bill Gates and that the real reason for his success was that his private school (Gates came from a well-off family) purchased a computer before computers were widely-used and that Gates was naturally drawn to it. In other words, had Gates gone to a different school, I might not be typing this blog post because computer software might not exist as it does today. In other words, circumstances matter.

The problem I have with the book is that Gladwell seems to take the approach that success is simply too hard for the poor to achieve. Yes, I’ll admit that it would be harder for a poor person to achieve success in life but that doesn’t mean it’s impossible. I think half the battle in achieving anything is mindset. If a person or class of people is constantly told they CAN’T do something, they end up believing it.

How would I level the playing field? My solution:

1. Allow parents vouchers so that they can send their kids to any school they desire. Not all parents would take advantage but some would.

2. Reinforce education and the importance of reading. Enlist the help of ‘famous’ athletes and musicians to get the message out to kids and PARENTS that EDUCATION IS IMPORTANT! Promote libraries and reading clubs. Offer reading classes to parents.

3. Don’t pass kids if they don’t make the grade.

4. Stop glorifying trash and stop filling our kids’ heads with hatred. Show kids how to respect themselves and those around them.

5. Require kids to watch The Big Idea.

Like I said, I’m not through reading Gladwell’s book yet. I don’t agree with some of his thoughts but I do like his style. There aren’t a lot of non-fiction books out there that are enjoyable to read.

GIVEAWAY

If you’d like a chance to win a copy of the book from me, leave a comment below explaining your thoughts on success. I’m going to make this my FIRST EVER subjective giveaway in that I am going to pick my favorite comment (and the comment doesn’t have to agree with me!) and the winner will receive a copy of the book. The deadline for entry is Friday, December 12, 9am CST. Just remember my rule:

1. you must be a resident of the U.S. or Canada (I won’t mail internationally).

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Oil dropped another $3.12 to $43.67…the lowest level since January 2005.

If someone would have told me back in July that oil was going to be trading in the 40s by the end of the year, I wouldn’t have believed them. It’s simply amazing how quickly things can turn.

Of course the bad side to all this is that now there’s less incentive for finding alternative fuels. I guess all those plans will get put on the back burner until it makes financial sense to go for them.

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What now? I’ve put off writing this article for a while. Like many of you out there I’ve watched the Dow retreat in huge, wealth-destroying, multi-hundred-point chunks. Every time it looks like the end is in sight it takes another single-day 5% lurch in the wrong direction. Not a pretty sight.

A couple of weeks ago I attended the annual meeting of the National Association of Business Economists in Washington D.C.. The event featured some interesting speakers, including recent Nobel laureate Paul Krugman and Fed Chairman Ben Bernenke. After a day of hearing smart guys w/ lots of letters after their name wax poetic about credit default swaps, mortgage backed assets, and government bailouts I came away with a single conclusion: no one knows how this thing is going to turn out. There was some suggestion in using the word “bailout” the Treasury did a poor job in selling the $700billion plan to the American public – perhaps “rescue” would have been more appropriate. Krugman added some levity by suggesting some media-friendly nicknames: how about “Bailie May?” Or perhaps “Hanky Panky” after Treasury Secretary Henry Paulson.

So I came away from the three day event with a more profound understanding of my failure to understand this whole mess; but I don’t feel particularly bad about it because no one else really understands it either. Bernenke’s reassuring message: we don’t really know how we’re going to price these distressed assets that the Treasury is gonna be buying with your $700 billion, and we don’t know who we’ll by them from or how we’re going to do it. This will be a trial and error process. But we’ll work it out.

Mmmmmkay. But Bernenke delivers the message with such an aura of academic cool that the audience seemed assured that he’ll succeed in making the best of a bad situation.

So, generally speaking, I’m not feeling to great about all of this. Basically I think we’re headed into one of two possible scenarios:

• Scenario 1: We’re already in a recession but we’ll muddle through. The market is cyclical. This is a particularly brutal cycle we’re dipping into, but fundamentally no different than those we’ve slogged through before. We’ll get some discouraging GDP numbers, the Dow with flit around 9,000 for a while, but eventually the market will give back some of that money it’s taken out of your 401k plan.
• Scenario 2: The wheels are about to come off. The banking system is not just in a superficial funk fueled by poor investor-confidence; it’s really in trouble. As banks write down toxic mortgage backed assets their balance sheets will be fundamentally damaged to the extent that credit will continue to tighten, consequentially decreasing spending, chopping profits, raising unemployment, and fueling foreclosures – which in turn worsens the state of the mortgage backed assets which started the whole mess. Repeat. Deflating prices, which initially feel kinda good (who can argue with $2.50 gas?) accentuates the woes of the business community which will be unable to justify new investments at lower revenue levels, further cutting business spending and jobs, pushing down demand, and deflating prices further. Repeat. Once you’re in this spiral it’s tough to engineer an exit.

Now I think (hope) that we’re in scenario #1. That’s the best case. I don’t think we’re headed towards the meltdown case, but it is something that I worry about. As further evidence that I believe in scenario #1 I recently made two long term trades, buying exchange traded funds (ETF) that track the S&P (RSU) and the Dow (QLD). Someday we’ll look back at 2008 and realize that the dow in the 8,000’s was a buying opportunity.

A few observations:

• You know this already, but if you’re going to need your retirement money in the next few years then you can’t have it socked away in the stock market.
• If your company 401k plan automatically loads you up with company stock, then you need to periodically go in and rebalance. I never cease to be amazed at smart, educated folks who have 40% of their wealth in a single stock. This is goofy.
• Rethink “diversification”. I have stocks divided between small-cap funds, large-cap funds, value funds, growth funds, and international funds. They’re all in the same toilet now. One lesson of the current crisis is that markets are now linked like they’ve never been linked before.

And yes, this is a real estate blog, so a few thoughts here:

• Hooray for Texas: We didn’t run up during the boom so we’re not getting whacked right now, but I’m expecting flat prices for a while. My strategy for finding and investing in long-term value projects is treating me pretty well right now. Plus, that’s a hunk of money I have in properties instead of in the stock market. This is effective diversification.
• Some markets really are feeling the pain. I was in Minneapolis last weekend, and as I walked the streets of some of these neighborhoods it seemed like every third house was a foreclosure. It’s gonna take a while for the market to absorb this carnage.
• All real estate is local – that is, unless the economy is melting down. I won’t be feeling so smug about Texas property values if we got into the doomsday economic scenario that I outlined above. If the banking system goes into the tank then we’re all gonna be in the same boat.
• A buying opportunity? I’m nervous about our economy, but I’m not quite ready to bury my life savings in coffee cans in my back yard. Investors who can still get loans should think about investing now, depending on how your local market conditions look.

Could the failure of the “Big 3″ cause a depression?

That’s what a Chrysler executive claims:

“We’re on the brink with the U.S. auto manufacturing industry,” Press told The Associated Press in an interview. “If we have a catastrophic failure of one of these car companies, in this tender environment for the economy, it’s a huge blow. It could trigger a depression.”

I’m not sure about that but I am sure that it’s in this executive’s best interest to paint as bleak of a picture as possible in order to get his bailout. What do you think?

I’m sure failure would not be good. But, as we’ve talked about before, we can’t just give money to the automakers and allow them to carry on business as usual. Big changes need to be made and now is as good a time as any to make those changes. These changes have needed to be made for years but the current crisis really brought them to light.

Please weigh in with your opinion.

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If you’ve purchased a used car from a dealership in the past few years, you’ve undoubtedly encountered the extended warranty option. To be clear, while most of these are described by the salesmen as warranties, most are actually service contracts. A warranty is built into the price of the vehicle, whereas a service contract costs extra and is purchased in addition to the vehicle itself. A warranty and service contract both generally achieve the same goal, just keep in mind that if you have to purchase it on top of the vehicle itself, it’s probably a service contract.

On the surface, the added protection of covering your vehicle for an extended amount of time seems like a good idea, but before you jump in, make sure you understand what you’re getting yourself into. These are products that are pushed because they make money for the dealer and salesperson. There are times when buying the service contract can be a great idea and save you money, but there are plenty of situations where it is completely unnecessary and will just end up costing you money. And worst of all, there are actually some companies that are little more than scams.

Consider Your Situation First

Before you decide on whether or not you could use an extended warranty or service contract, consider your situation. First, does the vehicle you’re intending to buy have an existing manufacturer’s warranty that will carry over to you? If so, how many miles or years are left before it expires? Many auto manufacturers are including longer warranties that in most cases are transferable. So, if you’re buying a car with a 70,000 mile existing warranty and it has 15,000 miles on it when you plan on buying it, that’s entirely different than buying the same car with 65,000 miles on it. In the first scenario, buying the extended warranty would be a bad idea with so much life left in the existing warranty, whereas the second scenario might point to an opportunity.

Consider the Cost

To be blunt, many of these service contracts are expensive. That doesn’t automatically mean they are all a rip off, but you do need to consider the likelihood of needing repairs, what those repairs would cost, and then determine if it makes sense. Depending on a number of factors such as what is covered (i.e. is it comprehensive, or just powertrain?), the deductible, and the length of contract, prices can vary from just a couple hundred dollars to a couple thousand dollars.

What you’re ultimately doing is placing a bet that you think your repair costs over the length of the contract will be more than you paid for the contract itself. For instance, if you paid $800 for coverage that will last you about two years, you have to ask yourself if there is a good chance that over the course of those two years you’ll need to have $800 or more worth of work done. If it isn’t very likely, you might as well save your money. But if you think that is clearly a possibility, it might make sense. It’s like buying insurance. You never know if you’re going to need it, and if you don’t use it, it feels like wasted money. But if you do need it, you’re sure glad you have it.

Other Benefits to Consider

Another thing to consider with these types of service contracts or warranties are the possible other benefits. Many will offer a free loaner car when you have to bring your vehicle in for service. That can be extremely helpful if you’re in a situation where you need a car or don’t have many options for sharing a ride. Some may also pay for the cost of a rental car as well. So, if you’re in the shop for a few days, this can be a nice benefit to have.

In addition to getting a spare car when yours is in for repairs, some contracts also provide free towing service in the event you break down. While this isn’t as big of a concern if you have AAA or some sort of roadside assistance, if you don’t have these, it can be a fantastic benefit. Again, it’s something you hope to never have to use, but if you do, you’ll be thankful you have it.

Dealership Repairs vs. Mechanic

One thing you need to consider is the cost difference between dealership repairs vs. having your local mechanic handle it. Obviously, the dealership is going to charge more for parts and labor. It’s what they do. And if you buy a service contract, that generally means you have to take it to the dealer, or at least an approved location in order to have the work covered. Of course, if you have the coverage, you’re not paying for it out of pocket, so you don’t think much of it.

But, that’s where you have to decide if it’s really a value or not. If you’re shelling out money for additional coverage, what would happen if you took your vehicle in to a local mechanic instead? You would have to pay out of pocket, but since you’d be paying less for the same repairs, it still might end up cheaper than buying the service contract to begin with.

My Personal Experience

I’ll give you an example with a personal experience I’ve had with used cars and service contracts. We have two used vehicles. In one case, it was clear that buying additional coverage would be a waste. With the other, it was a little bit harder of a decision. With the second car, it had 23,000 miles, and the manufacturer’s warranty only went to 30,000. Since I would be the one driving and I put on around 18,000 miles a year, the prospect of running out of coverage after just three months from the purchase was the first indication we might want to consider adding coverage.

Then we had to decide what type of coverage we wanted. Just powertrain coverage, or something more comprehensive that covered everything from a broken door latch to the electrical system. Looking back at my scenario, I do a lot of driving, on rough roads, and harsh winters. The chances are pretty good that there will be more than a couple repairs needed over the coming years, so comprehensive was looking like a better option, but that all depends on price.

After all said and done, we were able to get a 100,000 mile service contract for $1,500 with a $50 deductible. Sound expensive? Yep. But, that’s where you have to decide whether or not you think you’ll need $1,500 or more in repairs over the course of 77,000 miles, or in my case, a little over four years. If you’ve ever had to pay for car repairs out of your own pocket, you know just how fast things can add up. So, I felt it was a pretty safe bet given the situation.

Sure enough, after about 8 months, we had a problem with the transmission. Total bill? Around $1,200. A year later, a few more problems developed. The radio wasn’t working right, the seat didn’t recline properly, and just a few other little misc. problems. Another $500. And just a few weeks ago, took it in for a terrible clicking problem with the master relay, a rapidly deteriorating wheel bearing, a leaking axle seal, and a leaking exhaust manifold, for another $1,800.

Now, that $1,500 + $150 in deductibles doesn’t look so bad considering the $3,500 in repairs, and the loaner car for about the 10 total days it’s been in the shop. Could the work have been done cheaper than that by taking it somewhere other than a dealer? Probably. But I also would have been in a situation where I would have had to rent a car, and a small shop may have required more time to get the repairs done. Of course, we could have been “lucky” and the car could have never had any problems, and it would have felt like throwing money away. You just never know.

The Verdict?

You have to be very careful. Any dealer is going to try and sell you one of these. They will make it sound like a great deal, but it’s up to you to do the research to determine whether or not it’s really worth it. I’d say that for most people, given the cost, these warranties or service contracts aren’t going to be worth it. But, if you do the math and find out that it could be beneficial, then it might be worth considering. But don’t let the salesman bully you into a contract.

A better option for most people would be to set aside a “vehicle fund” to work as your own extended warranty. If you put $1,000 or $2,000 into a high-yield savings and sort of earmark that for unexpected vehicle repairs, your money can actually earn interest while it’s there and ready in the event you need it. While you might miss out on some of the added benefits of buying coverage, you’re in better shape if you’re fortunate enough to have a car that doesn’t need any, or only minor repairs.

The bottom line? Generally, these are unnecessary and costly. In some cases, if your situation warrants it and the price is right, it can be worthwhile. Just make sure you know what you need, how much it will cost, and what you’ll actually get out of it before rushing into a decision. And most of all, read all of the fine print! Make sure you know what’s covered, what isn’t covered, and what all of the limitations are. This is where a lot of inexpensive contracts snag you. They offer a good price, but you find that a lot of stuff isn’t really covered and you really are just throwing money away.

Is an Extended Warranty on a Used Car Worth It? The Good, Bad, and Ugly of These Service Contracts

Times are tough out there and a lot of Americans are getting caught in the squeeze. As real estate investors we feel this in a number of ways: bargain foreclosures to buy (good!), a glut of rental properties depressing rental rates (bad!), fewer competing bids for quality properties (good!), longer waits to sell properties (bad!)...and the list goes on.

One thing I’m noticing is the challenge to get quality tenants. I have some properties that rent like hotcakes w/ zero vacancy time. But others, for some reason, have been more challenging. Like most property owners, I have a number of rules-of-thumb that I follow when it comes to screening tenants. But rules of thumb aren’t written in stone; they’re just guidelines. Every now and then I come across an applicant who I think will make a great tenant, but there is something or other that makes me second guess myself.

The fact of the matter is that good people get caught in bad situations sometimes, and a quality applicant can sometimes appear brandishing a blemished credit report. Don’t get me wrong – my mantra #1 is that renting to a bad tenant is twice as expensive as sitting on a vacancy for an extra month – but what is a landlord to do when her gut tells her that she should take a chance on an applicant? Well here are three steps I sometime take::

• Ask for first and last months' rent upfront, plus one month’s deposit. This does three things for you. First, the applicant will have to cough up three months’ rent upfront before he moves in. If the applicant can do this it is an indicator that he’s not living paycheck to paycheck, a good sign that he will be responsible. Secondly, it mitigates your risk by ensuring the final month is paid. Lastly, that final month’s rent sits in your bank account collecting interest (or, better, is out in the market working for you) for the entire time the tenant resides in the property. I write the lease to state that the last month’s rent paid upfront will be credited to the final month that the tenant resides in the property.  PROs:  will scare off bad/risky applicants.  CONs:  may eliminate some good applicants as well. 
• Shorten the term. Write a lease with a short term; four months or six months. Agree to renew if the tenant pays each month on time; you can put this in writing in the contract if you wish. If there is a problem you’re still going to suffer, but you wont’ have a deadbeat sitting in your property with a contractual right to stick around for an entire year.  PROs:  limits the period you're at risk.  CONs: no financial benefit to the landlord, who is still stuck with evicting the tenant if he doesn't work out. 
• Charge a higher rent. This doesn’t do much for you in the risk mitigation category, but if you’ve trust yourself as a judge of character and you’re willing to rent to an applicant that other landlords have turned away, you should get compensated for the extra risk you’re assuming.  PROs:  higher return on the property, a good thing.  CONs: doesn't lower your risk.

Smart landlords use these strategies in combination. Increase the rent and offer a shorter term. Offer a shorter term w/ first and last month paid upfront (great risk mitigation).

In the American Revolutionary War Colonel William Prescott admonished his troops not to fire till they saw the whites of the enemies’ eyes. Bottom feeders in this tanking real estate market are trying to show the same discipline, but it’s tough. As early as mid 2007 we were reading all sorts of stories about vultures swooping into overheated markets like Miami and Las Vegas to gobble up properties that had tanked in value. Funny – we don’t really see too many stories about what happened next.

But we know what happened next – they continued to tumble, and the bottom feeders who jumped in too early took a beating.

Today Case Shiller reported a 15.8% drop in their housing price index. This isn’t really news, actually – it’s the twenty second consecutive month that the index is down. And if I were a betting man I’d count on it being down next month too.

Foreclosures are hammering the market as banks unload their inventory of REO’s, pushing down the averages. There are some indications that Congress and the Fed are ready to step in – witness this week’s housing bill. This will reassure Wall Street, but it remains to be seen if the positive impact that this has on credit liquidity is neutralized by banks reevaluating the risk of the government unilaterally resetting the terms of the loans that they make.

I’ve remarked in earlier posts that there is a difference between investing and speculating – and that either one may be ok for you, but the danger is when you think that you’re doing one but you’re actually doing the other. “Investors” out there who are trying to catch the bounce aren’t investors; they’re speculators. In my view it’s more important than ever for investors to evaluate the risks, take a sober look at a potential cashflow that an investment will produce, and ask themselves what kind of return their investment will yield if they’re forced to hold for a few years.

A recent study found that having more money doesn’t necessarily make you happy. This may put to rest the question of whether money buys happiness.

- Edwin, CashTheChecks.com

Many small business owners reach a point in their career wherein they make the decision to reduce personal risk and maximize gains through the acquisition of their company. The process of selling one?s business involves a mix of strategically executed procedures which achieve the desired results without sacrificing confidentiality, risk management, mutually beneficial deal structure and optimum price.

In order to achieve effective results, business owners must (1) have a clear understanding of the metrics that govern their business, (2) realistic expectations of the marketplace and (3) a group of trusted advisors, comprised of accountants, attorneys and bankers, in place to provide guidance and structure to the acquisition process.

Steps To Prepare A Business For Acquisition

In order to maximize price and present an ideal picture of your business to the marketplace, key steps must be taken so that your business is properly developed and maintained. The financial and organizational structure of your company should be transparent to a buyer, so that he or she will be assured of the value and feel comfortable in assuming ownership.

Step1: Systematize and Document Your Business

The functions and procedures in your business should be concisely identified so that a buyer can clearly understand the chain of command and how results are achieved. Written agreements with vendors, customers and industry contacts can also bring substantial value to an acquisition. Documented agreements ensure that valuable relationships are concrete and will extend into the future. These assurances create confidence for the buyer and make the company more attractive in the marketplace.

Step 2: Maintain Organized Financial Data

Many business owners are heavily influenced by tax liability. The potential trap in focusing more attention on tax liability than profit performance is that it becomes difficult to prove the true profitability of the business to a buyer. Therefore, assuming greater tax liability in the short-term can result in increased value on the income statements. In addition, profit and loss reports should be generated and reviewed on a monthly basis, the company?s stock levels should be at full value and all capital expenditures should be clearly identified and booked on the balance sheets prior to an acquisition. [1]

Step 3: Maintain Accurate and Updated Corporate Documents

Due diligence is one of the most important elements of the sales process. Diligence items include corporate, legal and tax documents that define and validate the representations and warranties of a company. Business owners should be familiar with the issues and should attend to corporate maintenance on a quarterly basis.

1) Achieving realistic price expectations. A business has value to a buyer because of its anticipated future earnings and a demonstrated successful track record.[2] Businesses that show consistent growth, positive adjusted earnings and EBITDA and reliable financial projections are able to command high industry multiples and premium prices.

2) Accurately adjusting the net owner earnings. In order to accurately determine value, the balance sheet and income statements should be re-cast and items such as depreciation, owner?s salary and interest expenses can add-back significant value. The re-cast earnings will reflect the actual owner compensation in order to determine market value.[3]

3) Understanding deal structure. Sellers should be educated about possible alternatives for structuring a deal, such as earn-outs, non-compete agreements and long-term employment contracts. These items can add substantial value when combined with the negotiated purchase price. In addition, sellers need to be aware of how business liabilities, such as excess inventory and existing lines of credit, are assumed by the buyer and how liabilities are integrated into the final asking price.

4) Maintaining Confidentiality. Confidentiality is crucial in ensuring that existing employees and clients do not become aware of a potential transaction. If the sales process is not managed and the transaction is disclosed at the wrong time, key employees and valuable customer relationships could be sacrificed, thereby jeopardizing gross revenue if the sale is not ultimately consummated. Savvy buyers will use this as a tool to lower value.

5) Securing qualified buyers. A buyer?s material ability to consummate a transaction must be verified at the start of the sales process so that time and resources are not expended on inappropriate candidates.

6) Maintaining profits and growth during the sales process. Once your business has been introduced to the marketplace, it is crucial to continue to develop and maintain growth until the transaction is fully executed. It is the performance and productivity of the business that holds value in the eyes of a buyer. Therefore, a business that begins to drop-off in the months prior to a sale will incur difficulty in obtaining optimum price and qualified buyers.

7) Preparing proper due diligence. A thorough die diligence manual should be prepared in advance of bringing a business to market. Inaccurate or incomplete diligence materials can destroy buyer confidence and cause a deal to collapse. A seller must be able to defend the representations and warranties they assert during the sales process.[4]

8) Seeking professional guidance and consultation. Sellers should realize that it is nearly impossible to efficiently manage a transaction without the assistance of accountants, lawyers and bankers. These trusted advisors should work in tandem to help sellers achieve the desired results while limiting personal exposure and liability.

There are two components to each transaction: compensation and risk. While many investment bankers and business owners tend to focus almost solely on compensation, PLG Advisory Group gives equal consideration to the risk associated with each transaction.

There are three primary areas of risk:

(1) Known risks, for example the liabilities set forth on the company's balance sheet, or known regulatory risk;
(2) Unknown risks, for example, unanticipated employee or customer lawsuits; and
(3) Transactional risk, which is the risk that the transaction will be litigated, either prior to or after a closing.

How do small business owners view risk in a business transaction: is price or the reduction of risk the most important component of a M&A transaction?

What Happens to My Pension if My Company Goes Bankrupt?

If you’re lucky enough to have a pension through your employer, you’re probably wondering what effect this significant economic downturn will have on your benefit. What happens if your employer goes bankrupt? What does it mean if they freeze your pension? Can your pension benefit just disappear? And where do you go if your employer does go out of business and how can you receive what you’re entitled to?

These are important questions, and if you’ve accumulated a decent pension benefit, you certainly want to be able to get what is owed to you, and understand what companies can and can’t do.

Defined Contribution vs. Defined Benefit

If you take part in a 401(k), 403(b), 457, or other similar employer-sponsored plan, then you’re using a defined contribution plan. This just means that you (and/or your employer through a match or profit sharing) contribute a specific amount of money into the plan. The amount of the benefit is not defined as the investment choices you make and amount you contribute will ultimately dictate how much you receive in retirement.

Pensions are defined benefit plans. These types of plans pay out a defined benefit that is based on a calculation. The calculations usually takes into account length of service, pay, and your age. The benefit that is defined is paid out to you, and it doesn’t depend on how much money you or your employer puts into it or market conditions.

Defined Benefit Plans and Investments

Even pension plans invest in the stock market, and since you don’t make the investment choices, there isn’t much you can do. Your benefit will be determined by the calculation that was established by the plan. So, if the market takes a big hit like it has recently, your pension benefit doesn’t decrease like the value of your 401(k) did.

But, a shortfall in funds has to come from somewhere. Since pensions are funded by the company, a shortage of funds to pay out the benefits could eventually affect you. When a company is forced to inject millions or billions of dollars into a pension plan, it can put strain on an already struggling company. A less profitable company can turn to layoffs, reducing workforce, closing plants, or a number of cost-cutting measures.

In addition, the company may decide to freeze their pension plan. When this happens, any additional service you have with the company wouldn’t be added to increase your pension benefit. You’re still entitled to any benefits you obtained previously, but additional time won’t mean additional benefits. A pension freeze may be temporary or permanent. While it isn’t an ideal situation to be in, at least you will get what you earned prior to the freeze.

If Your Company Goes Bankrupt

Most people assume that if their employer goes out of business, it takes their pension plan with it. In most cases, this is not true. Are you familiar with FDIC insurance for bank deposits and SIPC insurance for investment accounts? Both the FDIC and SIPC insures your money up to a certain amount in the event the company that holds these accounts goes under. Thankfully, pension plans have similar protection.

The Pension Benefit Guaranty Corporation, or PBGC is responsible for insuring your pension benefits. In most cases, your pension benefit would be insured up to certain limits. For 2009, a 65 year old has a maximum insured benefit of $54,000 annually. So, as long as your pension benefit is equal to, or less than this limit, you’d still have your full pension benefit even if your company goes under or the pension plan terminates.

Just like banks pay premiums to obtain FDIC coverage, pension plans also pay premiums to the PBGC, and in the event of a failure, the PBGC would take over the plan and administer it while paying out insured amounts. Some types of benefits are not guaranteed. These include health and welfare benefits, severance benefits, lump-sum death benefits and disability benefits when death or disability occurs after plan termination.

Even in this Economic Crisis and with Failing Companies Your Pension Should be Safe