PENSION PLANS AND OTHER POSTRETIREMENT BENEFITS | PENSION PLANS AND OTHER POSTRETIREMENT BENEFITS The Company has historically provided defined benefit retirement benefits to domestic employees under the Retirement Plan for Employees of Babcock & Wilcox Commercial Operations (the “U.S. Plan”), a noncontributory plan. As of 2006, the U.S. Plan was closed to new salaried plan entrants. Effective December 31, 2015, benefit accruals for those salaried employees covered by, and continuing to accrue service and salary adjusted benefits under the U.S. Plan ceased. As of December 31, 2022, and 2021, approximately 72 and 73 hourly union employees continue to accrue benefits under the U.S. Plan for the respective years. Effective January 1, 2012, a defined contribution component was adopted applicable to Babcock & Wilcox Canada, Ltd. (the “Canadian Plans”). Any employee with less than two years of continuous service as of December 31, 2011 was required to enroll in the defined contribution component of the Canadian Plans as of January 1, 2012 or upon the completion of 6 months of continuous service, whichever is later. These and future employees will not be eligible to enroll in the defined benefit component of the Canadian Plans. In 2014, benefit accruals under certain hourly Canadian pension plans were ceased with an effective date of January 1, 2015. As part of the spin-off transaction, the Company split the Canadian defined benefit plans from BWXT, which was completed in 2017. The Company did not present these plans as multi-employer plans because its portion was separately identifiable, and the Company was able to assess the assets, liabilities and periodic expense in the same manner as if it were a separate plan in each period. The Company also sponsors the Diamond Power Specialty Limited Retirement Benefits Plan (the “U.K. Plan”) through its subsidiary. Benefit accruals under this plan ceased to be effective November 30, 2015. The Company has accounted for the GMP equalization following the U.K. High Court ruling during the fourth quarter of 2018 by recording prior service cost in accumulated other comprehensive income that will be amortized through net periodic pension cost over 15 years, ending December 31, 2033. The Company does not provide retirement benefits to certain non-resident alien employees of foreign subsidiaries. Retirement benefits for salaried employees who accrue benefits in a defined benefit plan are based on final average compensation and years of service, while benefits for hourly paid employees are based on a flat benefit rate and years of service. The Company's funding policy is to fund the plans as recommended by the respective plan actuaries and in accordance with the Employee Retirement Income Security Act of 1974, as amended, or other applicable law. Funding provisions under the Pension Protection Act accelerate funding requirements to ensure full funding of benefits accrued. The Company makes available other benefits which include postretirement health care and life insurance benefits to certain salaried and union retirees based on their union contracts, and on a limited basis, to future retirees. Obligations and funded status Pension Benefits Other Benefits (in thousands) 2022 2021 2022 2021 Change in benefit obligation: Benefit obligation at beginning of period $ 1,199,845 $ 1,284,019 $ 10,372 $ 11,802 Service cost 699 781 20 22 Interest cost 26,676 22,559 182 145 Plan participants’ contributions — — 125 155 Amendments — 676 — — Actuarial gain (249,945) (28,815) (1,353) (153) Foreign currency exchange rate changes (4,413) 165 (82) 3 Benefits paid (79,547) (79,540) (1,588) (1,602) Benefit obligation at end of period $ 893,315 $ 1,199,845 $ 7,676 $ 10,372 Change in plan assets: Fair value of plan assets at beginning of period $ 1,037,235 $ 1,047,646 $ — $ — Actual return on plan assets (184,570) 42,954 — — Employer contribution 3,713 26,158 1,463 1,447 Plan participants' contributions — — 125 155 Foreign currency exchange rate changes (5,908) 17 — — Benefits paid (79,547) (79,540) (1,588) (1,602) Fair value of plan assets at the end of period 770,923 1,037,235 — — Funded status $ (122,392) $ (162,610) $ (7,676) $ (10,372) Amounts recognized in the balance sheet consist of: Accrued employee benefits $ (1,118) $ (1,162) $ (1,162) $ (1,297) Accumulated postretirement benefit obligation — — (6,514) (9,075) Pension liability (129,662) (173,655) — — Prepaid pension 8,388 12,207 — — Accrued benefit liability, net $ (122,392) $ (162,610) $ (7,676) $ (10,372) Amount recognized in accumulated comprehensive income (before taxes): Prior service cost $ 966 $ 1,146 $ 1,665 $ 2,355 Supplemental information: Plans with accumulated benefit obligation in excess of plan assets Projected benefit obligation 856,546 1,141,706 — — Accumulated benefit obligation 856,546 1,141,706 7,676 10,372 Fair value of plan assets 725,767 966,889 — — Plans with plan assets in excess of accumulated benefit obligation Projected benefit obligation 36,770 58,139 — — Accumulated benefit obligation 36,770 58,139 — — Fair value of plan assets 45,158 70,346 — — Components of net periodic benefit cost (benefit) included in net income (loss) are as follows: Pension Benefits Other Benefits Year ended December 31, Year ended December 31, (in thousands) 2022 2021 2020 2022 2021 2020 Interest cost $ 26,676 $ 22,559 $ 33,267 $ 182 $ 145 $ 288 Expected return on plan assets (57,547) (56,154) (61,322) — — — Amortization of prior service cost (credit) 189 97 97 691 691 (1,084) Recognized net actuarial (gain) loss (6,365) (15,327) 22,676 (1,354) (153) 478 Benefit plans, net (1) (37,047) (48,825) (5,282) (481) 683 (318) Service cost included in COS (2) 699 781 792 20 22 19 Net periodic benefit cost (benefit) $ (36,348) $ (48,044) $ (4,490) $ (461) $ 705 $ (299) (1) Benefit plans, net, which is presented separately in our Consolidated Statements of Operations, is not allocated to the segments. (2) Service cost related to a small group of active participants is presented within Cost of operations in our Consolidated Statement of Operations and is allocated to the B&W Thermal segment. Recognized net actuarial gain consists primarily of the Company's reported actuarial gain and the difference between the actual return on plan assets and the expected return on plan assets. Total net mark to market (“MTM”) adjustments for the Company's pension and other postretirement benefit plans were (gains) losses of $(7.7) million, $(15.5) million and $23.2 million in the years ended, December 31, 2022, 2021 and 2020, respectively. The recognized net actuarial (gain) loss was recorded in Benefit plans, net in the Company's Consolidated Statements of Operations. Assumptions Pension Benefits Other Benefits Year ended December 31, Year ended December 31, 2022 2021 2020 2022 2021 2020 Weighted average assumptions used to determine net periodic benefit obligations: Comparative single equivalent discount rate 5.35% 2.81% 2.50% 5.28% 2.50% 1.97% Rate of compensation increase 0.06% 0.07% 0.08% — — — Weighted average assumptions used to determine net periodic benefit cost: Comparative single equivalent discount rate 2.88% 2.52% 3.23% 5.28% 2.50% 1.97% Expected return on plan assets 5.90% 5.76% 6.63% — — — Rate of compensation increase 0.06% 0.07% 0.08% — — — The expected rate of return on plan assets is based on the long-term expected returns for the investment mix of assets currently in the portfolio. In setting this rate, the Company uses a building-block approach. Historic real return trends for the various asset classes in the plan's portfolio are combined with anticipated future market conditions to estimate the real rate of return for each asset class. These rates are then adjusted for anticipated future inflation to determine estimated nominal rates of return for each asset class. The expected rate of return on plan assets is determined to be the weighted average of the nominal returns based on the weightings of the asset classes within the total asset portfolio. The Company uses an expected return on plan assets assumption of 6% for the majority of our pension plan assets (approximately 94% of our total pension assets at December 31, 2022). Investment goals The overall investment strategy of the pension trusts is to achieve long-term growth of principal, while avoiding excessive risk and to minimize the probability of loss of principal over the long term. The specific investment goals that have been set for the pension trusts in the aggregate are (1) to ensure that plan liabilities are met when due and (2) to achieve an investment return on trust assets consistent with a reasonable level of risk. Allocations to each asset class for both domestic and foreign plans are reviewed periodically and rebalanced, if appropriate, to assure the continued relevance of the goals, objectives and strategies. The pension trusts for both domestic and foreign plans employ a professional investment advisor and a number of professional investment managers whose individual benchmarks are, in the aggregate, consistent with the plans' overall investment objectives. The goals of each investment manager are (1) to meet (in the case of passive accounts) or exceed (for actively managed accounts) the benchmark selected and agreed upon by the manager and the trust and (2) to display an overall level of risk in its portfolio that is consistent with the risk associated with the agreed upon benchmark. The investment performance of total portfolios, as well as asset class components, is periodically measured against commonly accepted benchmarks, including the individual investment manager benchmarks. In evaluating investment manager performance, consideration is also given to personnel, strategy, research capabilities, organizational and business matters, adherence to discipline and other qualitative factors that may impact the ability to achieve desired investment results. Domestic plans: The Company sponsors the U.S. Plan, which is a domestic defined benefit plan. The assets of this plan are held by the Trustee in The Babcock & Wilcox Company Master Trust (the “Master Trust”). For the years ended December 31, 2022 and 2021, the investment return on domestic plan assets of the Master Trust (net of deductions for management fees) was approximately (17.49)% and 4.25%, respectively. The following is a summary of the asset allocations for the Master Trust by asset category: Year ended December 31, 2022 2021 Asset category: United States government securities 12 % 17 % Corporate stocks 6 % 8 % Venture capital 42 % 40 % Hedge funds 27 % 30 % Cash and accrued items 13 % 5 % The target asset allocation for the Master Trust as of December 31, 2022 was 50% of alternative, liquid credit and direct lending funds, 20% of fixed income securities, and 30% of equity and other investments. As of December 31, 2021, the target allocation was 50% of alternative, liquid credit and direct lending funds, 20% of fixed income securities, and 30% of equity and other investments. The Company routinely reassesses the target asset allocation with a goal of better aligning the timing of expected cash flows from those assets to the anticipated timing of benefit payments. Foreign plans: The Company sponsors various plans through certain of its foreign subsidiaries. These plans are the Canadian Plans and the U.K. Plan. The combined weighted average asset allocations of these plans by asset category were as follows: Year ended December 31, 2022 2021 Asset category: Commingled and mutual funds 24 % 30 % Fixed income 72 % 67 % Other 4 % 3 % The target allocation for 2022 for the foreign plans, by asset class, is as follows: Canadian U.K. Plan Asset class: United States equity 24 % 3 % Global equity 26 % 4 % Fixed income and other 50 % 93 % Fair value of plan assets See Note 24 for a detailed description of fair value measurements and the hierarchy established for valuation inputs. In accordance with Subtopic 820-10, Fair Value Measurement and Disclosure s, certain investments that are measured at fair value using the net asset value ("NAV") per share practical expedient have not been classified in the fair value hierarchy. The investments that are measured at fair value using NAV per share included in the tables below are intended to permit reconciliation of the fair value hierarchy to the fair value of plan assets at the end of each period, which is presented in the first table above titled “obligations and funded status” . The following is a summary of total investments of the Company's plans measured at fair value: (in thousands) Year ended December 31, 2022 Level 1 Level 2 Level 3 Commingled and mutual funds $ 12,020 $ — $ 12,020 $ — United States government securities 83,948 83,948 — — Fixed income 53,258 13,191 32,548 7,519 Equity 41,313 41,137 — 176 Venture capital 250,344 — — 250,344 Hedge fund 83,439 — — 83,439 Cash and accrued items $ 76,257 76,257 — — Investments measured at fair value $ 600,579 $ 214,533 $ 44,568 $ 341,478 Investments measured at net asset value 171,441 Pending trades (1,096) Total pension and other postretirement benefit assets $ 770,924 (in thousands) Year ended December 31, 2021 Level 1 Level 2 Level 3 Commingled and mutual funds $ 22,261 $ — $ 22,261 $ — United States government securities 167,328 167,328 — — Fixed income 65,370 15,196 47,309 2,865 Equity 80,299 74,888 5,243 168 Venture capital 236,730 — — 236,730 Hedge fund 80,711 — — 80,711 Cash and accrued items 30,130 30,130 — — Investments measured at fair value $ 682,829 $ 287,542 $ 74,813 $ 320,474 Investments measured at net asset value 349,798 Pending trades 4,608 Total pension and other postretirement benefit assets $ 1,037,235 Expected cash flows Domestic Plans Foreign Plans (in thousands) Pension Other Pension Other Expected employer contributions to trusts of defined benefit plans: 2023 $ 1,146 $ 1,033 $ 277 $ 152 Expected benefit payments (1) : 2023 74,703 1,033 2,495 152 2024 73,971 932 2,504 141 2025 72,861 847 2,608 127 2026 71,658 767 2,674 120 2027 70,197 692 2,679 107 2028-2032 324,874 2,509 13,989 384 (1 Pension benefit payments are made from their respective plan's trust. The Company made contributions to its pension and other postretirement benefit plans totaling $5.2 million and $27.6 million during the years ended December 31, 2022 and 2021. In accordance with the American Rescue Plan Act of 2021, the Company elected to defer $20.9 million of the estimated Pension Plan contribution payments of $45.6 million that would have been due during 2021. Contributions made during the year ended December 31, 2021 include $0.4 million of interest as required per the CARES Act that was signed into law on March 27, 2020. Defined contribution plans The Company provides benefits under The B&W Thrift Plan (the “Thrift Plan”). The Thrift Plan generally provides for matching employer contributions. Beginning in April 2020 and continuing through December 31, 2022, as part of the Company's response to the impact of the COVID-19 pandemic on its business, the Company suspended its 401(k) company match for U.S. employees. The Company resumed its employer contributions beginning in 2022 inclusive of a one-time profit sharing contribution for the 2021 plan year equal to 0.75% of eligible employees' base pay. Employer matching contributions are typically made in cash. Amounts charged to expense for employer contributions under the Thrift Plan totaled approximately $3.1 million, $0.0 million and $1.0 million in the years ended December 31, 2022, 2021 and 2020, respectively. Also, the Company's salaried Canadian employees are provided with a defined contribution plan. The amount charged to expense for employer contributions was approximately $0.3 million, $0.3 million and $0.3 million in the years ended December 31, 2022, 2021 and 2020, respectively. Multi-employer plans One of the Company's subsidiaries in the B&W Thermal segment contributes to various multi-employer plans. The plans generally provide defined benefits to substantially all unionized workers in this subsidiary. The following table summarizes the Company's contributions to multi-employer plans for the years covered by this report: Pension Fund EIN/PIN Pension Protection FIP/RP Status Contributions Surcharge Imposed Expiration Date 2022 2021 2020 2022 2021 2020 (in millions) Boilermaker-Blacksmith National Pension Trust 48-6168020/ 001 Yellow Yellow Yellow Yes $ 8.0 $ 16.6 $ 4.0 No Described All other 1.0 2.2 0.9 $ 9.0 $ 18.8 $ 4.9 |