The Asbestos Fund Are Inadequate

Is there a mismatch between the contributions to be paid into the fund and the payments to be made from the fund?
CBO expects that about half of the fund’s obligations would be incurred during the 2006-2015 time period, but that contributions to the fund would be nearly evenly spread over the first 30 years of the fund’s operations. As a result, we expect that the fund would have to borrow to pay claims in those early years of its existence. As noted in our August 25 cost estimate, it is uncertain whether fund revenues would be adequate to pay all claims.

Why is the estimate of the fund’s revenues also uncertain?
S. 852 is designed to collect about $140 billion from defendant firms and insurers. Actual collections could be less than that amount, but could not be significantly more. In addition the timing of some payments to the fund is uncertain because there are no firm deadlines in the bill concerning the Asbestos Insurers Commission, which would be charged with determining the distribution of assessments among insurance firms. Finally, the number, identity, and characteristics of the firms that would be required to make payments into the Asbestos Trust Fund are largely unknown. Over a 30-year period, some firms in this group could be expected to liquidate and go out of business. The legislation anticipates that some firms may face bankruptcy and provides for surcharges to guarantee payment amounts, but the success of such mechanisms depends on the ability of the fund administrator to forecast attrition among this group of liable firms.

What is the risk that amounts in the U.S. Treasury outside of the Asbestos Trust Fund would be used to pay asbestos claimants?
S. 852 would authorize the Asbestos Fund Administrator to collect and borrow funds to pay valid claims and expenses. The bill would limit the amount of borrowing and would require the fund to use its resources to repay borrowed funds and interest costs. Under the provisions of section 405, the fund would have to stop accepting new claims if its current and future resources become inadequate to fulfill all existing and anticipated obligations, including its debt obligations. As stated in our August 25 cost estimate, as long as the fund’s Administrator does not borrow from the U.S. Treasury beyond the means of the fund to repay such borrowing, the government’s general funds would not be used to pay claims. Furthermore, section 406 states that the legislation would not obligate the federal government to pay any part of an award under the bill if amounts in the Asbestos Fund are inadequate.

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	Did You Know?
	Employer must institute a medical surveillance program with concentrations of asbestos at or above the PEL and/or EL. Such Asbestos medical exams must occur at a reasonable time and place and shall be provided at no cost to the employee. At a minimum, such examinations must include a medical and work history; a complete physical examination with emphasis on the respiratory system, the cardiovascular system, and the digestive tract; a chest X-ray; pulmonary function tests; respiratory disease standardized questionnaire as set forth in 29 CFR 1910.100l Appendix D, Part 1 of the standard.