_________________________________________________________________

  E M P L O Y E E   B E N E F I T S ,   C O M P E N S A T I O N
                  A N D   P E N S I O N   L A W
                  Vol. 3,  No. 6: March 28, 2002
_________________________________________________________________

Publisher:     LSN Subject Matter Journals
               a division of
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Editor:        PAMELA PERUN
               Urban Institute
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Copyright:     SSEP, Inc. 2002. All rights reserved.

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                      Topic of This Issue:
                     Investing and Outcomes
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T A B L E   of   C O N T E N T S
_________________________________________________________________

WORKING PAPERS

"Psychological Foundations of Incentives"
     ERNST FEHR
        University of Zurich
        Institute for Empirical Economic Research
        CESifo (Center for Economic Studies and Ifo
        Institute for Economic Research)
        Centre for Economic Policy Research (CEPR)
     ARMIN FALK
        University of Zurich
        Institute for Empirical Economic Research
        Centre for Economic Policy Research (CEPR)
        CESifo (Center for Economic Studies and Ifo
        Institute for Economic Research)


"Defined Contribution Pensions: Plan Rules, Participant
 Decisions, and the Path of Least Resistance"
     JAMES J. CHOI
        Harvard University
        Department of Economics
     DAVID I. LAIBSON
        Harvard University
        Department of Economics
        National Bureau of Economic Research (NBER)
     BRIGITTE MADRIAN
        University of Chicago
        National Bureau of Economic Research (NBER)
     ANDREW METRICK
        University of Pennsylvania
        The Wharton School
        National Bureau of Economic Research (NBER)


"Regulating Securities Professionals: Emotional and Moral Aspects
 of Fiduciary Investing"
     PETER H. HUANG
        University of Pennsylvania Law School
        University of Chicago Law School


"Conditional Performance Measurement Using Portfolio Weights:
 Evidence for Pension Funds"
     WAYNE E. FERSON
        Boston College
        Carroll School of Management
        National Bureau of Economic Research (NBER)
     KENNETH KHANG
        University of Wisconsin at Milwaukee
        School of Business Administration


"Making Economic Sense Out of Unisex Life Insurance (Or the
 Difference Between Cost and Value and Why It Matters to Real
 People)"
     RICHARD A. BOOTH
        University of Maryland School of Law


"Guaranteeing Defined Contribution Pensions: The Option to
 Buy-Back a Defined Benefit Promise"
     MARIE-EVE LACHANCE
        University of Pennsylvania
        The Wharton School
     OLIVIA S. MITCHELL
        University of Pennsylvania, Wharton School
        National Bureau of Economic Research (NBER)


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EDITORIAL POLICIES
 To provide the broadest coverage of research in Employee
 Benefits, Compensation and Pension Law we do not referee working
 papers. We accept abstracts of working papers in Employee
 Benefits, Compensation and Pension Law whose topics suit the
 coverage of the journal and which are part of the worldwide
 scholarly discourse.

W O R K I N G   P A P E R   Abstracts
_________________________________________________________________

"Psychological Foundations of Incentives"

      BY:  ERNST FEHR
              University of Zurich
              Institute for Empirical Economic Research
              CESifo (Center for Economic Studies and Ifo
              Institute for Economic Research)
              Centre for Economic Policy Research (CEPR)
           ARMIN FALK
              University of Zurich
              Institute for Empirical Economic Research
              Centre for Economic Policy Research (CEPR)
              CESifo (Center for Economic Studies and Ifo
              Institute for Economic Research)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=294287

Paper ID:  University of Zurich Working Paper No. 95
    Date:  November 2001

 Contact:  ERNST FEHR
   Email:  Mailto:efehr@iew.unizh.ch
  Postal:  University of Zurich
           Institute for Empirical Economic Research
           Bluemlisalpstrasse 10
           CH-8006 Zurich,    SWITZERLAND
   Phone:  +41 1 634 3709
     Fax:  +41 1 634 4907
 Co-Auth:  ARMIN FALK
   Email:  Mailto:falk@iew.unizh.ch
  Postal:  University of Zurich
           Institute for Empirical Economic Research
           Bluemlisalpstrasse 10
           CH-8006 Zurich,    SWITZERLAND

ABSTRACT:
 During the last two decades economists have made much progress
 in understanding incentives, contracts and organizations. Yet,
 they constrained their attention to a very narrow and
 empirically questionable view of human motivation. The purpose
 of this paper is to show that this narrow view of human
 motivation may severely limit understanding the determinants and
 effects of incentives. Economists may fail to understand the
 levels and the changes in behavior if they neglect motives like
 the desire to reciprocate or the desire to avoid social
 disapproval. We show that monetary incentives may backfire and
 reduce the performance of agents or their compliance with rules.
 In addition, these motives may generate very powerful incentives
 themselves.

 Keywords: Incentives, contracts, reciprocity, social approval,
 social norms, intrinsic motivation


JEL Classification: J41, C91, D64
______________________________

"Defined Contribution Pensions: Plan Rules, Participant
 Decisions, and the Path of Least Resistance"

      BY:  JAMES J. CHOI
              Harvard University
              Department of Economics
           DAVID I. LAIBSON
              Harvard University
              Department of Economics
              National Bureau of Economic Research (NBER)
           BRIGITTE MADRIAN
              University of Chicago
              National Bureau of Economic Research (NBER)
           ANDREW METRICK
              University of Pennsylvania
              The Wharton School
              National Bureau of Economic Research (NBER)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=294093

Paper ID:  NBER Working Paper No. W8655
    Date:  December 2001

 Contact:  DAVID I. LAIBSON
   Email:  Mailto:dlaibson@harvard.edu
  Postal:  Harvard University
           Department of Economics
           Room M-14
           Littauer Center
           Cambridge, MA 02138  UNITED STATES
   Phone:  617-496-3402
     Fax:  617-495-8570
 Co-Auth:  JAMES J. CHOI
   Email:  Mailto:james_choi@post.harvard.edu
  Postal:  Harvard University
           Department of Economics
           Room M-14
           Littauer Center
           Cambridge, MA 02138  UNITED STATES
 Co-Auth:  BRIGITTE MADRIAN
   Email:  Mailto:brigitte.madrian@gsb.uchicago.edu
  Postal:  University of Chicago
           Graduate School of Business
           1101 East 58th Street
           Chicago, IL 60637  UNITED STATES
 Co-Auth:  ANDREW METRICK
   Email:  Mailto:metrick@wharton.upenn.edu
  Postal:  University of Pennsylvania
           The Wharton School
           Philadelphia, PA 19104-6367  UNITED STATES

Paper Requests:
 Full-Text downloads are available from SSRN Online for $5.

ABSTRACT:
 We assess the impact on savings behavior of several different
 401(k) plan features, including automatic enrollment, automatic
 cash distributions, employer matching provisions, eligibility
 requirements, investment options, and financial education. We
 also present new survey evidence on individual savings adequacy.
 Many of our conclusions are based on an analysis of micro-level
 administrative data on the 401(k) savings behavior of employees
 in several large corporations that implemented changes in their
 401(k) plan design. Our analysis identifies a key behavioral
 principle that should partially guide the design of 401(k)
 plans: employees often follow 'the path of least resistance.'
 For better or for worse, plan administrators can manipulate the
 path of least resistance to powerfully influence the savings and
 investment choices of their employees.


JEL Classification: J320, H550, G110, D910
______________________________

"Regulating Securities Professionals: Emotional and Moral Aspects
 of Fiduciary Investing"

      BY:  PETER H. HUANG
              University of Pennsylvania Law School
              University of Chicago Law School

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=276119

Paper ID:  USC CLEO Research Paper No. C01-6; and U of Penn, Inst
           for Law & Econ Research Paper 01-19
    Date:  2001

 Contact:  PETER H. HUANG
   Email:  Mailto:phuang@law.upenn.edu
  Postal:  University of Pennsylvania Law School
           3400 Chestnut Street
           Philadelphia, PA 19104-6204  UNITED STATES
   Phone:  215-573-6018
     Fax:  215-573-2025

    Note: Previously titled "Emotions in Fiduciary Organizations
          and Regulating Securities Professionals"

Paper Requests:
 Contact Katie Waitman Mailto:kwaitman@law.usc.edu Postal:
 University of Southern California Law School, University Park,
 Los Angeles, CA 90089-0071. Phone:(213) 740-2551. Fax:(213)
 740-5502.

ABSTRACT:
 Individuals invest in securities markets via such financial
 intermediaries as brokers and dealers. Federal securities laws
 regulate the behavior of securities professionals towards their
 customers. The relationship between investors and securities
 professionals is an example of a principal-agent relationship.
 Such relationships suffer from well-known incentive and
 informational problems. This Article focuses on some novel
 emotional and psychological consequences of such relationships
 for investment decisions. This Article considers how
 expectations about securities investment behavior can interact
 with guilt on the part of securities professionals from
 breaching their clients' trust. This Article explains how
 imposing a fiduciary duty of loyalty can alter expectations
 about investment behavior, emotions that depend on those
 investment expectations, and investment behavior itself. This
 Article also discusses the applicability of such models to other
 fiduciary relationships.

______________________________

"Conditional Performance Measurement Using Portfolio Weights:
 Evidence for Pension Funds"

      BY:  WAYNE E. FERSON
              Boston College
              Carroll School of Management
              National Bureau of Economic Research (NBER)
           KENNETH KHANG
              University of Wisconsin at Milwaukee
              School of Business Administration

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=300752

Paper ID:  NBER Working Paper No. W8790
    Date:  February 2002

 Contact:  WAYNE E. FERSON
   Email:  Mailto:wayne.ferson@bc.edu
  Postal:  Boston College
           Carroll School of Management
           Fulton Hall 330B
           140 Commonwealth Avenue
           Chestnut Hill, MA 02467  UNITED STATES
 Co-Auth:  KENNETH KHANG
   Email:  Mailto:kkhang@uwm.edu
  Postal:  University of Wisconsin at Milwaukee
           School of Business Administration
           P.O. Box 742
           Milwaukee, WI 53201-0742  UNITED STATES

Paper Requests:
 Full-Text downloads are available from SSRN Online for $5.

ABSTRACT:
 This paper combines the use of portfolio holdings data and
 conditioning information to create a new performance measure.
 Our conditional weight-based measure has several advantages.
 Using conditioning information avoids biases in weight-based
 measures as discussed by Grinblatt and Titman (1993). When
 conditioning information is used, returns-based measures face a
 bias if managers can trade between observation dates. The new
 measures avoid this interim trading bias. We use the new
 measures to provide fresh insights about performance in a sample
 of U.S. equity pension fund managers.


JEL Classification: G12, G14, G23
______________________________

"Making Economic Sense Out of Unisex Life Insurance (Or the
 Difference Between Cost and Value and Why It Matters to Real
 People)"

      BY:  RICHARD A. BOOTH
              University of Maryland School of Law

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=296782

    Date:  2002

 Contact:  RICHARD A. BOOTH
   Email:  Mailto:rbooth@law.umaryland.edu
  Postal:  University of Maryland School of Law
           515 W. Lombard St.
           Baltimore, MD 21201-1786  UNITED STATES
   Phone:  410-706-4269
     Fax:  410-706-2184

ABSTRACT:
 In this piece, I take issue with one of the fundamental tenets
 of law and economics as it has been used to justify gender
 discrimination in the pricing of life insurance and annuities,
 namely, that individuals should bear their own identifiable
 costs so as to avoid misallocation of society's resources. Most
 scholars of the law and economics persuasion have argued that
 unisex pricing of life insurance products is a bad idea because
 on the average women live longer than men. They argue that it
 costs more to insure the life of a man because the payoff comes
 sooner and the present value is greater. Thus, to charge men and
 women the same price for life insurance would constitute a
 subsidy running from women (who would pay too much) to men (who
 would pay too little). As a result, men would buy too much
 insurance and women would buy too little.

 Using a simple example, I show here that gender-based pricing
 results in radically different outcomes for male and female
 consumers if one focuses on income rather than present value.
 Gender-based pricing means that a man must set aside more from
 his pay during life in order to secure the same insurance
 benefits as a woman. And a woman who uses the proceeds to buy an
 annuity must suffer lower benefits for a longer time than a man.
 In short, if one looks either at the periodic outlay by the
 insured or at the income available to the beneficiary under an
 annuity, gender-based pricing appears to be quite at odds with
 the reasons why people buy insurance and how much they buy.
 Perhaps more important, in the absence of market failure, men
 and women would bargain around gender-based rates (and in many
 cases they effectively do so), which suggests that it is
 gender-based rates that result in the misallocation of
 resources.

 The problem with gender-based rates lies in two unstated
 premises: (1) that the present value of lump sum insurance
 benefits is an accurate measure of value to a consumer, and (2)
 that unisex pricing will cause consumers to buy more or less
 insurance or annuities than under gender-based pricing. Most
 people buy insurance with a view to the income it will generate
 for the beneficiary. Clearly, people buy annuities to provide
 themselves income. In both cases, the value of the product
 inheres in the periodic income it generates and not the length
 of time over which that income will be received. Indeed, the
 very existence of annuities proves the point. Annuities exist
 only because many people are willing to trade a lump sum for an
 assured income. In other words, the essential idea behind an
 annuity is that people care more about income than about lump
 sum values. Thus, even though the present value of a man's death
 benefit is higher than a woman's death benefit because it will
 likely be paid sooner, what matters most to the consumer is the
 income it will generate for the beneficiary. This difference in
 perspectives is critical. Insurance companies live forever.
 People do not. Hence, although the cost of writing insurance and
 annuities quite rightly concerns the insurance company, it has
 nothing to do with the value perceived by the insured. Thus,
 because it is value and not cost that motivates someone to buy
 something, the idea that there is a subsidy implicit in unisex
 insurance rates is mistaken. For the consumer, the purpose of
 life insurance and annuities is to hedge against the risk that
 one will die early or late. The present value of the benefits is
 irrelevant. In addition, the most important factor that
 determines the amount of insurance one will buy is the amount
 one can spend up to the point of adequate coverage. Thereafter,
 it is unlikely that cheaper insurance will induce people to buy
 more. Insurance is a hedge, not a bet. And it makes no sense to
 hedge more risk than you have.

 Keywords: Unisex, life insurance, annuity, cost, value, gender
 discrimination, present value, income,hedge, risk, subsidy,
 misallocation, market failure, bargain around


JEL Classification: G22, K12
______________________________

"Guaranteeing Defined Contribution Pensions: The Option to
 Buy-Back a Defined Benefit Promise"

      BY:  MARIE-EVE LACHANCE
              University of Pennsylvania
              The Wharton School
           OLIVIA S. MITCHELL
              University of Pennsylvania, Wharton School
              National Bureau of Economic Research (NBER)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=299807

Paper ID:  NBER Working Paper No. W8731
    Date:  January 2002

 Contact:  OLIVIA S. MITCHELL
   Email:  Mailto:mitchelo@wharton.upenn.edu
  Postal:  University of Pennsylvania, Wharton School
           Wharton Financial Institutions Center
           3641 Locust Walk
           Philadelphia, PA 19104-6367  UNITED STATES
   Phone:  215-746-5706
     Fax:  215-898-0310
 Co-Auth:  MARIE-EVE LACHANCE
   Email:  Mailto:malachan@wharton.upenn.edu
  Postal:  University of Pennsylvania
           The Wharton School
           Department of Insurance and Risk Management
           3641 Locust Walk
           Philadelphia, PA 19104-6367  UNITED STATES

Paper Requests:
 Full-Text downloads are available from SSRN Online for $5.

ABSTRACT:
 After a long commitment to defined benefit (DB) pension plans
 for US public sector employees, many state legislatures have
 introduced defined contribution (DC) plans for their public
 employees. In this process, investment risk which was previously
 borne by state DB plans has now devolved to employees covered by
 the new DC plans. In light of this trend, some states have
 proposed a guarantee mechanism to help protect DC plan
 participants. One such guarantee takes the form of an option
 permitting DC plan participants to buy back their DB benefit for
 a price. This paper develops a theoretical framework to analyze
 the option design and illustrate how employee characteristics
 influence the option's cost. We illustrate the potential
 magnitude of a buy-back option value enacted recently by the
 State of Florida for its public employees. If employees were to
 exercise the buy-back option optimally, the market value of this
 option could represent up to 100 percent of the DC contributions
 over the worklife.


JEL Classification: G2, H