Government Contractors and the Pension Protection Act

    Contract costs under commercial contracts are governed by the Cost Accounting Standards (CAS) and the Federal Acquisition Regulations (FAR)

    The website is back up and working: http://www.whitehouse.gov/omb/procurement/index_casb.html

    This material is also available at http://www.regulations.gov , but that site is miserable to navigate.

    The Cost Accounting Standards address (i) measurement, (ii) assignment to periods, (iii) adjustment and (iv) allocation to cost objectives (in particular: Federal based-based contracts) of costs. CAS 412 and 413 address pension plans, CAS 416 addresses insurance and CAS 415 addresses other deferred compensation.

    The ALLOWABILITY of pension cost for reimbursement by the Government is addressed at Part 31 of the FAR, in particular, pensions are covered at FAR 31.205-6(j). The FAR is available online at http://www.arnet.gov/far/

    Pension costs reported as part of the Medicare wage index data for hospitals and providers is governed by Section 1886(d)(3)(E) of the Social Security Act, 42 CFR Part 413 ( http://www.gpoaccess.gov/cfr/index.html ) and Parts I and II of the Provider Reimbursement Manual (PRM) - See PRM Section 2142 (http://www.cms.hhs.gov/Manuals/PBM/list.asp ). These reports are used to set the Prospective Payment Rates for provider reimbursement. The reports have a 3 year lag, i.e., 2006 data is due in 2009. The PRM has not yet been updated for the PPA of 2006. (That's a work-in-progress.)

    For other entities FAR Part 31 essentially defers to OMB Circulars that govern how pension costs are reimbursed under federal grants to education institutions (OMB Circular A-21), state, local and Indian tribal governments (OMB Circular A-87) and non-profit entities (OMB Circular A-122). These are accessible through http://www.whitehouse.gov/omb/circulars_index-ffm/ These Circulars generally require that costs be computed in accordance with GAAP - SFAS 87/88, 132(R), 158 for educational institution and non-profits and GASB 45 for state and local governments. (I'm not sure what GAAP is for an Indian tribal government.) I guess we'll have to worry about the anticipated move to IAS 17 after we recover from PPA 2006.

    This page is updated on March 25, 2009.

 


For enquiry on related regulations please contact:

Eric H. Shipley

CMS Office of the Actuary
7500 Security Blvd, N3-01-21 Baltimore, MD 21244-1850

Phone: 410-786-6381

Fax: 410-786-1295

E-mail: Eric.Shipley@cms.hhs.gov