How the GAO Got It All Wrong, Again

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This entry was posted on 2/28/2007 5:50 PM and is filed under Retirement Benefits,Pension Policy,Views and Vents Column.

(This column first appeared in Employee Benefit News in February 2007)

As BenefitNews Connect reported recently, the Government Accountability Office (GAO) wants to expand oversight of employee pension benefits.  Among other things, their report suggests substantially increasing the number of pension “compliance examinations.”  Or, as normal people would say, audits.

According to the GAO, what’s ailing the U.S. pension system is that it’s not subject to enough regulatory accountability.

That’s a great conclusion – if your name is Borat.  But, here in the real world, it can serve only one purpose:

Resolving the problem – by eliminating the thing itself.

The Vanishing Private Pension Plan
Let’s place the pension situation in context.

Once, defined benefit (DB) pension plans were the norm.  In 1980, according to the GAO, nearly 70% of private-sector pensions were DB plans.  By 2002, though, that figure had fallen to 39%.

Today, less than one in five American workers is covered under a DB pension – the lowest in many decades.  That’s because, over the past 20 or so years, employers have terminated nearly 70% of the DB plans in the country.  It’s part of a trend, identified by the Bureau of Labor Statistics, of steady movement away from all retirement benefits.  Today, less than half of U.S. companies (48%) sponsor any kind of pension plan. 

You’d think these findings affirm DB as an anachronism – a rightfully near-extinct relic, incapable of providing the support needed for a secure retirement.  But you’d be wrong.

Why?  Because you’d be overlooking the one arena in which DB is still the unquestioned, and largely unchallenged, benefits champion:  the one thing government truly does best.

The Flourishing Public Pension System
At a time when private pensions are at their weakest, governmental plans have never been more attractive.  As USA Today reported on February 21, “Retired government workers are twice as likely to get a pension as their counterparts in the private sector, and the typical benefit is far more generous.” 

In 2005, for example, the median civil-service pension was $17,640.  The comparable company pension paid less than $7,700.  For this reason, the article noted, "retirees are finding that it pays to have worked for the government instead of the private sector."
 

Not a Level Playing Field
How did the scales get tilted so dramatically?  Well, public pension plans get a number of breaks that aren’t available to private employers.  They can easily accept pre-tax employee contributions to offset the cost of benefits.  They don’t have to adhere to minimum finding rules, or perform painstaking calculations of relative benefit values at retirement.  They aren’t at risk for layers of per-day, per-participant fines and “special taxes” for a range of infractions, real and theoretical.

Most of all, they aren’t exposed to the indignities and burdens imposed by the Pension Benefit Guaranty Corporation (sometimes referred to as “Mother PBGC”).

Only the private sector gets to enjoy these “protections” provided through three decades of pension reform. 

Of course, Congress could have used existing legislation to target those few corporations that abused pension provisions.  Instead, they chose to pass sweeping rules to punish companies for every conceivable transgression, whether or not any had actually been considered, let alone committed.

Put another way, it was as if, to stop five students who’d put gum beneath their chairs, the local principal made sitting illegal – for the entire student body.  Like this “standing” rule, today’s pension regulations mainly punish those who do no wrong.

A Shot of Malaria
Our government is inarguably tough when it comes to “protecting” employee pensions.  But that’s only with private employers – the most onerous of the rules don’t apply to government.

You’d expect regulators to promote stability and growth – by providing positive incentives, maybe even emulating conditions under which successful (i.e., governmental) plans are administered.  Instead, the GAO proposes simply to turn up the pressure.  The shrinking number of employers brave enough to continue sponsoring a DB pension must be wondering – how crazy is that?

In the words of Bob Dylan, “It’s like saying if you’ve got a cold, take a shot of malaria.”

So consider yourselves on notice, corporate America.  Should the GAO get its way – you’ll soon be rolling up your sleeves.

 

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Comments

    • 3/1/2007 8:12 PM Peter1 wrote:
      Very good article, clever and well written. I tried to leave a comment at BenefitNews.com, but the system wouldn't take it. You bloggers should link to the site and read the article for yourselves. As it too clearly explains, the government is once again about to subject us to yet more oversight. We're facing increased surveillance and random "compliance examinations." The fact is, the GAO is on a witch hunt to justify the examiner's existence. And we employers, who make the American economy run, just sit by like passive idiots while we get regulated out of existence. I guess we wind up with the government we deserve.
      Reply to this
    • 3/2/2007 4:20 PM Don Levit, CLU, ChFC wrote:
      Corey: Thanks for providing this article as a basis for discussion. As I understand DB plans, they tend to provide more value for longer-term employees. This is because a lot of the growth in one's benefits occurs more significantly between 20 and 30 years of participation. While this would be more applicable to the government sector, the vast majority of shorter-term participants in the private sector would be losing significant benefits, in relation to a DC plan. Maybe one reason that the governmental plans are not as expensive to administer is that the trustees may feel quite a bit safer, knowing they can always pass any increased costs on to the taxpayers. While the DB plans seem to be adequately funded, the retiree health benefits are typically not funded at all. I find this to be not only poor planning, but the lack of pre-funding shows quite a bit of arrogance and hubris on the part of the trustees. How can you have a long-term obligation, yet fund it on a pay-as-you-go basis?
      Reply to this
      1. 3/2/2007 5:06 PM Corey Sherman wrote:
        Don, your characterization of the differences between DB and DC is right on target. DC, for all practical purposes, functions more like a savings plan than like a traditional pension plan. With its portability, and tangible investment returns, DC is certainly more attractive to the typical young worker than it is to a career-oriented employee. On the other hand, the time value of money offers substantial advantages to all long-term savers, so DC isn't \a bad deal for any employee. And even though DB accrual patterns spike with long service, DC can be designed to produce similar results. It just takes some creativity.

        It's hard to compare governmental and private pensions because they're run so so differently. Private plans are generally handled internally; governmentals by independent boards. This arrangement has plusses and minuses (see "Benefit Board ABC's" elsewhere on this blog). In most cases, the public nature of benefit boards enables more dialogue and consensus about plan management. I think that the give-and-take this structure fosters, rather than the ability to raise taxes, is what helps facilitate public plan administration. Besides, who in government today really wants to raise a flag for higher taxes?

        Your observations about post-retirement obligations are exactly right -- and the source of increasing contention in both the public and private sectors. Financial Accounting standards do require private employers to report the cost of future retiree life and health benefits. These rules have had the unintended effect of forcing most companies to curtail or eliminate these plans -- not because they can't afford them, but because of impact that such huge liabilities has on a company's financial profile. The public sector, not subject to these requirements, has been largely insulated from these funding pressures. Recently, though, the Governmental Accounting Standards Board has instituted similar rules for public plans. Just wait till governments have to start accounting for post-retirement liabilities! Increasing taxes is not an option, as it wouldn't cover the booked charges. Watch for a "civil war" to develop over the pressure to reduce post-retirement commitments to governmental employees.

        That's all. Thank you for writing, Don. And please continue to follow the column in BenefitNews.com and here at HRStrategyBlog.com.
        Reply to this
        1. 3/4/2007 8:45 AM Don Levit, CLU, ChFC wrote:
          Corey: Thanks for your reply. I do need to learn more about the public nature of benefit boards. Are you saying that the boards open up any discussions on pension plan changes to the public? The give-and-take you refer to is between the taxpayers on one side and the participants on the other side? If so, I was not aware that this was taking place.

          When you say that private employers are cutting back on benefits, how do you differentiate between being able to afford the benefits and the impact on their financial profile?

          By virtue of being insulated from these funding pressures, what incentives did state governments have to pre-fund retiree health benefits?

          What incentive does the federal government have to pre-fund Social Security and Medicare, since these new reporting requirements do not apply to these federal obligations? Is the federal government even more insulated from these funding pressures than the state governments?
          Reply to this
          1. 3/4/2007 3:18 PM Corey Sherman wrote:
            Don, please refer to my response, below, to Ray Henry, which addresses comments both of you submitted to BenefitNews.com. Regarding the idea of pre-funding Social Security benefits, please look up "Fixing Social Security. Really," a blog by Fred Munzenmaier that you can find on this site by clicking on "Back to Main Page" (a link on the right.) Thank you!
            Reply to this
    • 3/2/2007 4:22 PM Jerry Ferenczy wrote:
      I just read the Feb 2007 Views & Vents and am unclear about your point (bear with me because ERISA is only a hobby to me and I haven’t read the GAO report yet).

      Is the point that (outside government plans) there are so few active DB plans that increasing the number of audits to be done is a poor allocation of audit resources? Or is your point that plans, in general, are already over-scrutinized, and increasing “random” audits is a bad idea?

      Thanks in advance – I liked the V & V,
      Reply to this
      1. 3/2/2007 5:41 PM Corey Sherman wrote:
        Hi, Jerry. The problem with the GAO proposal is that it further subjects private pension-plan sponsors to scrutiny and judgment. Like with anything else, there are two ways to regulate pensions. You can offer rewards and incentives to encourage proper behavior. Or you can assume the other party is predisposed to "cheat," and concentrate on punitive measures. It's a classic case of positive reinforcement vs. punishment (or even negative reinforcement, which is where you want the other party to just go away).

        The GAO is clearly in the latter camp. Despite the fact that there's already plenty of legislation on the books to go after "bad" companies, the GAO wants to add the fear of random audits into the mix. Private employers are already laboring under a mountain of government-imposed rules (which, in the most onerous cases, don't even apply to government). It greatly complicates private-sector pension administration -- which is why so many companies have abandoned DB. Though DB is the most cost-effective way to provide lifetime income benefits, the regs make these plans far too cumbersome, and costly, to manage.

        Elsewhere on this site, you'll find a great two-part article, "How to Achieve Real Pension Reform," by my partner, Fred Munzenmaier. As you'll see, Fred clearly shows how governmental efforts to "protect" private-sector pensions have actually had the opposite effect. The threat of additional scrutiny and punishment, from an agency that already assumes you're guilty, could cause another wave of companies to curtail, freeze, or even terminate their pension plans.

        And, if you think the GAO doesn't believe the onus is on the employer, look at their full report (a link to which is included in my Benefit news.com column).  Know which agency the GAO sees as the model for these pension audits?  The IRS!  Isn't that a thought to warm an employer's heart?
        Reply to this
    • 3/3/2007 3:47 PM Janet Snow wrote:
      I tried to leave my comment on the BenefitNews.com site, but it didn't upload. I just wanted you to know how much I enjoyed both of your "Views & Vents" columns. They are a nice change of pace from regular benefit reporting, and address familiar issues in a distinct way. That's also what I like about the Strategy Blog. Keep up the good work!
      Reply to this
    • 3/4/2007 8:43 AM Ray Henry wrote:
      Corey, you make a sound argument for less, rather than more federal regulation and oversight of private pension plans. Private pension regulation by the federal government has been a classic example of regulation at its worst and which in the end will damage, most, those that it purports to protect. Eventually, all of our society will suffer from this failure.

      In the typically governmental fashion, most of the regulations prioritize ease of regulation over effectiveness of purpose. Since regulation is eased if all plans are alike, every plan has been stuffed into the same “one design fits all” and must adjust in lockstep with the regulation du jour — even when the results fail to serve any stakeholder group.

      Public plans on the other hand, continue to have the opportunity to “get it right” by serving the needs and priorities of particular groups of stakeholders (employers, employees, retirees, former employees, survivors, elected officials, and the public). It is this ability to be different and to adjust to change that lies at the very heart of the success of public pension plans. It is not a lack of oversight, but the flexibility and appropriateness of the oversight of each individual plan based on its own needs, goals and priorities.

      A pension plan that effectively and efficiently serves my needs and those of my peers is very different from those most capable of serving the needs of our fathers and grandfathers. Our demographic, economic, and political world is dramatically different when compared to any prior decade and will continue to evolve going forward. Consequently, the plans that are forward looking and have the ability to adapt when needed will be the most successful. Forward-looking and adaptability are not characteristics usually associated with a governmental regulatory process.

      Public plans have an additional advantage in that they generally serve more stable employers. While government roles and priorities will continue to evolve, governmental entities seldom become bankrupt, go out of business or find that the services they provide are no longer desired. As a result, governmental entities are good long-term “guarantors” of employee pensions. On the other hand, private businesses and indeed whole industries have often suffered all of these and more. Private companies will never be able to match this stability. It makes little sense to base a private pension system solely on an employer or even an industry guarantee when the likelihood is that the employer and often the entire industry will not exist (in present form) as long as most employees will live. Yet, we have seen the results when the federal government attempts to be the guarantor of private pensions, but then to do so only at arms length. We are well past the point at which the federal government (and possibly even state governments) should completely rethink their role in private pensions.

      Corey, you (and the quoted USA Today article) made note of the difference between the median pensions for governmental and private retirees without any explanation of the different circumstances at play. Most public employees provide a substantial portion of their benefit through their own contributions deducted from their current salaries — often more that that provided by their employer contributions. Likewise, the median salary of governmental employees is generally higher than the private sector — not because the governmental employees are paid more for similar jobs, but due to the fact that governmental jobs are more heavily weighted toward professionals and administrators and the private sector contains a larger percentage of service, agriculture, and retail jobs.

      Don, although I agree with your generalizations about the differences between DB and DC plans, I would hasten to add that DC plans have yet to prove themselves as an effective and efficient solution to an individual’s retirement needs. As a knee-jerk reaction to the problems of DB plans, DC plans are weighted far too heavily toward the employers’ interests. The associated issues of mortality risk (outliving ones assets or alternatively living at a lower than necessary standard) and a investment risk (inadequate access to the advantages of asset pooling for investment purposes) are impossible for a individual to overcome without paying a substantial premium and further reducing the value of the benefit.

      However, I would be just as quick to agree that the traditional (final salary formula) DB plan has been weighted far too heavily toward the employees’ interests — albeit not without the assistance of the employers who were usually eager to provide future promises as trade-offs against current salaries.

      Most pension discussions consider the traditional DB and the 401k-like DC plans as the only options. While these are likely the two extremes (as a result of federal regulation), there can be a lot of opportunity in between.

      While the private sector has been laboring under the burden of federal regulations, the public pension plans have been proactive in identifying and meeting the needs of the various stakeholder groups and solving the problems born of change and deep, long-term uncertainty. Largely under the radar, they have found innovative ways to meet the employee and retiree needs at reasonable employer costs; they have identified and provided the most critical benefits without necessarily guaranteeing against the risks that the employees and retirees can or should appropriately manage themselves.

      This has been accomplished with no fanfare and unnoticed by most of the public pension community much less by the private pension and federal regulatory communities. There are likely many successes that I am unaware of, but two of the large statewide pension plans in Texas are well positioned for continued success in the 21st century. They are neither traditional DB nor traditional DC, but fall appropriately within the vast (largely unexplored) area in between.

      It is important to keep in mind that pension benefits and retiree healthcare are two separate issues — and as such should not be lumped together if one is legitimately looking for real solutions to either. The healthcare issue includes problems within the healthcare system in the United States that are beyond the control of any pension plan, employer or groups of employers. Healthcare insurance is a benefit much like life or disability insurance as an employment benefit. Retiree healthcare was begun as an inducement for employees to stay until retirement and at a time when the costs were much lower. The problems of healthcare in this country will not be solved by forcing employers, public or private, to reflect a largely hypothetical liability on their financial statements. It will result in fewer employees, retirees and their families having coverage and it MAY result in federal government involvement — but I am concerned that any federal solution may enjoy similar success to ones we have seen in private pensions.

      It would be unfortunate indeed if the successes earned by public pension plans were to be undermined by a “civil war” brought about by a universal healthcare delivery and cost problem. After all, some of those in the “private” sector are themselves contributing to the overall problem by seeking to satisfy general healthcare needs in the emergency rooms. As a retiree, I receive access to healthcare insurance for my spouse and me, but no reduction in premiums. My annual premiums for healthcare have been well in excess of $10,000. Consequently, I feel I am paying my own way. But at the same time I do not begrudge those more fortunate — after all it is entirely likely that over all I have been and am being appropriately rewarded for my contributions.


      Reply to this
      1. 3/4/2007 3:33 PM Corey Sherman wrote:
        Dear Ray -- and Don:

        Don, the issues you raise relate directly to Ray's. Public boards generally include employee, retiree, and taxpayer representatives. This mix can facilitate open dialogue and flexibility in planning, design, and management. Ray is correct that the public sector isn't a model for forward-thinking and adaptability. But last decade’s pension redesign in such cities as Shreveport and Nashville, and the county government system in Missouri, shows how well boards, at their best, can balance the needs of multiple stakeholders – producing the best possible outcomes

        Ray, your point about regulators’ habit of “prioritize[ing] ease of regulation over effectiveness of purpose” is both well-taken and well-expressed. Clearly, complexity in pension and accounting rules has undermined the U.S. private pension system, providing perverse “counter-incentives” for sponsoring DB plans. And, though DC is an imperfect substitute for an employee pension (see “The Elusive Appeal of Income for Life”), it’s a highly attractive alternative for plan sponsors -- for both the demographic and administrative reasons you suggest.

        As to the impact of accounting rules on postretirement health care (PRHC), there can be no disputing that balance-sheet considerations, not ability to pay, has led most private-sector employers to cut or eliminate the coverage. Several of our clients are well equipped to pay annual PRHC claims, but can't “afford” to have the long-term liabilities show up on their books. It’s not the idea of pre-funding that makes PRHC impossible: it’s the way in which employers must account for it, such as the outrageously inflated assumptions regarding future medical costs. Projected liabilities from these calculations are prohibitive, leading employers to cut benefits to lower future obligations.

        Governmental entities, in contrast, could simply pay as they went along. That’s the reason why so many more governmental entities still provide PRHC benefits than do private companies. But, with the implementation of GASB 45, things will change. Soon, governments, too, will have to deal with the “book value” of long-term PRHC obligations. And, unlike in the private sector, reducing these commitments will not be a simple matter of tweaking plan design. Many public employees will do whatever it takes to protect these benefits, which, they will maintain, had been promised to them as a condition of employment. The “civil war” referenced in an earlier comment refers not to pension benefits or universal health care. It’s more primal than that. The war to come will be over issues of expectations and entitlements -– those ill-defined, and largely unmanaged, concepts that will, by their very nature, conflict with the need for quantification and limits imposed by federal accounting standards and regulatory requirements.

        As private-sector HR and benefit managers may soon be telling their public-sector counterparts: “Welcome to our world.”
        Reply to this
    • 3/5/2007 3:23 PM Mary Horowitz wrote:
      Thank you, for this article provides a succinct and clear picture of the author's position. I would be interested in hearing more about why private companies have been discontinuing their DB pension plans and what is replacing them...and how that compares to the public plans. Also, what role does Social Security play here? I think this is a promising start to developing a bigger picture that deals with more of the many issues facing pension reform in the US. I will look forward to future columns!
      Reply to this
      1. 3/6/2007 4:10 PM Don Levit, CLU, ChFC wrote:
        Corey: I am curious what the rationale was behind the states not pre-funding health care, as they did their DB plans? Did the administrators think that health benefits were more optional, depending on the resources available? Did their belief that state governments are more stable than private empoloyers give the administrators a sense of immunity from concerns about setting reserves aside?

        Mary, I would be interested in others' views regarding the impact of Social Security on this important topic. My understanding is that Social Security has much more of an impact in the private sector, rather than the public sector. I also believe that the federal government views obligations as Social Security and Medicare as more amenable to change, in comparison to the state governments' views on their obligations to DB plans and, possibly, retiree health care.
        Reply to this
        1. 3/6/2007 4:31 PM Corey Sherman wrote:
          Don, why pre-fund if you don't have to? Governments have been allowed to administer these programs on a pay-as-you-go basis. The private sector is subject to a number of funding requirements and accounting standards that mandate pre-funding. But, in the absence of mandates to set aside money for the future, most governments simply don't.

          I was once consultant to a major Southeastern city government whose benefits plan was being reviewed by a board of private citizens. The members, executives from large corporations, couldn't understand how the City's plans could be so generous compared to their own, which were relatively rich.

          "You don't understand," said the City's Chief Financial Officer. "I have one advantage that you don't."

          "What's that?" asked a board member.

          "When your plan obligations increase," he began, "you've got a serious problem."

          "But when my costs go up," he explained, "I can raise your taxes!"

          Certainly, every governmental representative doesn't share this view. But it should give you some idea of the differing dynamics in the public and private sectors. GASB 45 will change things, but the transition will be uneasy. Watch for major turmoil over the issue of accounting for, and funding, post-retirement health benefits.
          Reply to this
          1. 3/7/2007 11:59 AM Don Levit, CLU, ChFC wrote:
            Corey: Well, maybe the temptation is too great to actually set aside reserves to pay for future health care liabilities. Actually, the federal government seems to be using the same rationale. While contributions are mandatory for Social Security and Medicare, the benefits are not, other than for the current fiscal year. Are you familiar with the FASAB, and how it views the federal government's obligations?
            Reply to this
    • 3/5/2007 3:29 PM Mark Hammer wrote:
      A very thoughtful and well-written piece that should be forwarded to each Member of Congress.
      Reply to this
    • 3/23/2007 5:35 AM Jerry Ferenczy wrote:
      Corey,

      I took your advice and read “How to Achieve Real Pension Reform,” and the GAO report and having the following comments:

      As I understand it now, your point is that DB plans are in trouble and that the regulators aren’t doing enough/the right things to fix them. If that’s your point, I agree with you 100%.

      I think “View & Vent” mischaracterizes the GAO, lumps them into the same bucket as the IRS, DOL, etc. and that this results in misguided anger by pension professionals. Specifically:

      I don’t think that the GAO proposal intends for private pensions plans to be punished or to “add the fear”.
      The focus of the GAO review was on the EBSA. The GAO points out that the EBSA differs from other agencies in that it doesn’t conduct random audits and that these audits are a good source for necessary information. The GAO report doesn’t recommend IRS be a “model” but rather that their procedures and practices, as well as other agencies should be studied before the EBSA acts.

      The report does point out, what I think is, the biggest finding – that the lack of properly trained associates with the necessary skill sets and the EBSA’s high turnover rate is negatively effecting them (and by extension, plans, plan owners and participants). These two items, I think, punishes and “adds fear” far more than a well written audit program that is accurately and fairly executed by a trained and skill professional.

      I think the focus of your attention should be on the Tax Code, the way it’s enforced and the apparent biased attitude the IRS has toward small plans. If it were I opining, I would suggest that the GAO needs to focus their attention there. Just the other day, I read an interesting editorial that compares the IRS treatment of small plan owners’ benefits to large company executives’ nonqualified deferred compensation. This comparison really bought home how badly small plan owners are treated.

      Fixing the problems with the Tax Code and the IRS will make DB plans more attractive to small business owners and provide the “rank and file” the security they deserve. Criticizing the GAO only confuses and obfuscates.

      BTW – I really liked your partner’s article; it was insightful and informative.

      My thanks again for teaching me something new.
      Reply to this
      1. 3/23/2007 5:57 AM Corey Sherman wrote:
        Hi, Jerry. Wow! What a great note.

        Briefly, your point no. 1 is exactly, well, the point. As you can see in Fred’s articles, the regulators, despite their good intentions, are pretty much killing off the private pension plan.

        I happen to like the GAO; in fact, you’ll find some supportive material on them at the Strategy Blog. But I think the myriad problems in the private pension system can’t be addressed by increasing compliance pressures. It’s the pressures themselves: they’re onerous, off-point, and, out of proportion to the problems they’re purported to resolve.

        Your third point is brilliant. I wouldn’t have thought to shine the focus on the Tax Code, but, on reflection, believe you’re absolutely right – particularly in regard to smaller plans. Perhaps a future “V&V” should take up the matter of how poorly small employers are served by the IRS in this regard. You’ve tapped into something significant here, and I appreciate it.

        Thank you for your provocative comments.
        Reply to this
    • 6/13/2007 4:22 PM Corey Sherman wrote:
      The call for increased governmental oversight of private pension plans is intensifying. As the June 1 edition of "Employee Benefit News" put it, “Forget speaking softly: when it comes to enforcing pension plan violations, federal agencies urge the Department of Labor to just carry a big stick.” The article notes that the DOL is under increasing pressure “to toughen federal oversight of private pension plans . . . [and] address problems before trends of noncompliance are well established.” A prominent attorney for plaintiffs in pension lawsuits claims that U.S. workers “are getting less than what they’re entitled to get under federal law because . . . their pension plans violate ERISA standards.” As a result, says an agency director, we can expect to see more “strategic deployment” of governmental investigative resources, and increased “publicizing [of] investigations resolved through litigation.”

      Fred Munzenmaier has written several articles on this site about his main worry about pension reform – that it will kill off the very thing it is intended to protect. These latest developments only strengthen his case.
      Reply to this
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