_________________________________________________________________

  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
                    &   P E N S I O N   L A W
                 Vol. 3,  No. 16: August 29, 2002
_________________________________________________________________

Publisher:     LSN Employment, Labor, Compensation & Pension Journals
               a division of
               Social Science Electronic Publishing, Inc. (SSEP)
               and Social Science Research Network (SSRN)

Editor:        PAMELA PERUN
               Urban Institute
               Mailto:pamela@planetnow.com

Copyright:     SSEP, Inc. 2002. All rights reserved.

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                      Topic of This Issue:
                      Contemporary Issues
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T A B L E   of   C O N T E N T S
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NEW and FORTHCOMING ARTICLES

"Defined Contribution Plans With Rate-of-Return Guarantees"
      EBRI Notes, Vol. 23, No. 5, May 2002
     DAVID RAJNES
        Employee Benefit Research Institute (EBRI)


"What Enron Means for the Management and Control of the Modern
 Business Corporation: Some Initial Reflections"
      Forthcoming, University of Chicago Law Review, Summer 2002
     JEFFREY N. GORDON
        Columbia Law School

WORKING PAPERS

"Annuities for an Ageing World"
     OLIVIA S. MITCHELL
        University of Pennsylvania, Wharton School
        National Bureau of Economic Research (NBER)
     DAVID GLEN MCCARTHY
        University of Pennsylvania
        The Wharton School


"Is Retirement Depressing?: Labor Force Inactivity and
 Psychological Well-Being in Later Life"
     KERWIN K. CHARLES
        University of Michigan - Department of Economics &
        Ford School
        National Bureau of Economic Research (NBER)


"Compensation and Recruiting: Private Universities Versus Private
 Corporations"
     BRADFORD CORNELL
        University of California, Los Angeles
        Anderson School of Management


"Does It Pay to Work?"
     JAGADEESH GOKHALE
        Federal Reserve Bank of Cleveland
     LAURENCE J. KOTLIKOFF
        Boston University
        National Bureau of Economic Research (NBER)
     ALEXI SLUCHYNSKY
        Kosovo Ministry of Economy and Finance


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


N E W   and   F O R T H C O M I N G   Articles
_________________________________________________________________

"Defined Contribution Plans With Rate-of-Return Guarantees"
      EBRI Notes, Vol. 23, No. 5, May 2002

      BY:  DAVID RAJNES
              Employee Benefit Research Institute (EBRI)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=314461

 Contact:  DAVID RAJNES
   Email:  Mailto:rajnes@ebri.org
  Postal:  Employee Benefit Research Institute (EBRI)
           Suite 600
           2121 K Street, NW
           Washington, DC 20037-1896  UNITED STATES
   Phone:  202-775-6329
     Fax:  202-775-6312

Paper Requests:
 Contact Alicia Willis at Mailto:publications@ebri.org, or 2121 K
 St., NW, Suite 600, Washington, DC 20037-1896.
 Phone:(202)572-7422, Fax:(202)775-6312. Full-Text downloads are
 available from SSRN Online for $7.50.

ABSTRACT:
 A notable development in retirement income security over the
 past 20 years is the growing share of defined contribution (DC)
 plans among retirement systems throughout the world. Because
 participants' benefits in these plans are directly related to
 investment returns, concern about the risk borne by workers in
 DC plans has grown. One of the strategies suggested to address
 this issue is to adopt some type of rate-of-return guarantee
 feature in the retirement plan design. This article examines the
 operation of rate-of-return guarantees in both mandatory and
 voluntary DC plans throughout the world. The range of guarantee
 features surveyed suggests a wide variety of conditions and
 motivating factors at work in the United States and in other
 countries. The article's conclusions link the discussion to the
 current debate in Congress over limiting investment flexibility
 in American workers' 401(k) accounts.

 Keywords: Defined contribution plans, Employment-based
 benefits, Pension plan design


JEL Classification: J32
______________________________

"What Enron Means for the Management and Control of the Modern
 Business Corporation: Some Initial Reflections"
      Forthcoming, University of Chicago Law Review, Summer 2002

      BY:  JEFFREY N. GORDON
              Columbia Law School

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=305343

           Other Electronic Document Delivery:
           http://www.law.columbia.edu/law-economicstudies/
           SSRN only offers technical support for papers
           downloaded from the SSRN Electronic Paper Collection
           location. When URLs wrap, you must copy and paste
           them into your browser eliminating all spaces.

Paper ID:  Columbia Law and Economics Working Paper No. 203

 Contact:  JEFFREY N. GORDON
   Email:  Mailto:JGORDON@LAW.COLUMBIA.EDU
  Postal:  Columbia Law School
           Ctr. for Law and Economic Studies
           435 West 116th Street
           New York, NY 10027  UNITED STATES
   Phone:  212-854-2316
     Fax:  212-854-7946

Paper Requests:
 Contact Thelma Twyman: Center for Law and Economic Studies,
 Columbia Law School, 435 West 116th St., New York, NY
 10027-7201. Phone:(212)854-3739. Fax:(212) 854-0221.
 Mailto:ttwyman@law.columbia.edu

ABSTRACT:
 The Enron case challenges some of the core beliefs and practices
 that have underpinned various positions in the debates about
 corporate law and governance, including mergers and
 acquisitions, since the 1980s. In particular, Enron raises at
 least the following problems for the received model of corporate
 governance:

 First, it provides another set of reasons to question the
 strength of the efficient market hypothesis, here, the company's
 dizzyingly high stock price despite transparently irrational
 reliance on its auditors' compromised certification.

 Second, it undermines faith in the corporate governance
 mechanism - the monitoring board - that has been offered as a
 substitute for unfettered shareholder access to the market for
 corporate control. In particular, the board's capacity to
 protect the integrity of financial disclosure has not kept pace
 with the increasing reliance on stock price performance in
 measuring and rewarding managerial performance.

 Third, it suggests the existence of tradeoffs in the use of
 stock options in executive compensation because of the potential
 pathologies of the risk-preferring management team.

 Fourth, it shows the poor fit between stock-based employee
 compensation and employee retirement planning. More generally,
 it raises questions about the shift in retirement planning
 towards defined contribution plans, which make employees risk
 bearers and financial planners, and away from defined benefit
 plans, which impose some of the risk and fiduciary planning
 obligations on firms.

 Although the disclosure, monitoring and other failures may
 lead to useful reforms, Enron also reminds us that there is a
 problem that cannot be solved but can only be contained in the
 tension between imperfectly fashioned incentives and
 self-restraint.

 Keywords: Enron, corporate governance, efficient market,
 accountants, directors, stock options, pensions


JEL Classification: G14, G34, K22, L14, M52
______________________________

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

"Annuities for an Ageing World"

      BY:  OLIVIA S. MITCHELL
              University of Pennsylvania, Wharton School
              National Bureau of Economic Research (NBER)
           DAVID GLEN MCCARTHY
              University of Pennsylvania
              The Wharton School

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=321358

Paper ID:  NBER Working Paper No. W9092
    Date:  August 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 19104-6365  UNITED STATES
   Phone:  215-746-5706
     Fax:  215-898-0310
 Co-Auth:  DAVID GLEN MCCARTHY
   Email:  Mailto:DMCCARTH@WHARTON.UPENN.EDU
  Postal:  University of Pennsylvania
           The Wharton School
           Philadelphia, PA 19104-6365  UNITED STATES

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

ABSTRACT:
 Substantial research attention has been devoted to the pension
 accumulation process, whereby employees and those advising them
 work to accumulate funds for retirement. Until recently, less
 analysis has been devoted to the pension decumulation process -
 the process by which retirees finance their consumption during
 retirement. This gap has recently begun to be filled by an
 active group of researchers examining key aspects of the pension
 payout market. One of the areas of most interesting
 investigation has been in the area of annuities, which are
 financial products intended to cover the risk of retirees
 outliving their assets. This paper reviews and extends recent
 research examining the role of annuities in helping finance
 retirement consumption. We also examine key market and
 regulatory factors.


JEL Classification: G2, H4, J1
______________________________

"Is Retirement Depressing?: Labor Force Inactivity and
 Psychological Well-Being in Later Life"

      BY:  KERWIN K. CHARLES
              University of Michigan - Department of Economics &
              Ford School
              National Bureau of Economic Research (NBER)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=317618

Paper ID:  NBER Working Paper No. W9033
    Date:  June 2002

 Contact:  KERWIN K. CHARLES
   Email:  Mailto:kcharles@umich.edu
  Postal:  University of Michigan - Department of Economics & Ford
           School
           611 Tappan Street
           Ann Arbor, MI 48109-1220  UNITED STATES

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

ABSTRACT:
 This paper assesses how retirement - defined as permanent labor
 force non-participation in a man's mature years - affects
 psychological welfare. The raw correlation between retirement
 and well-being is negative. But this does not imply causation.
 In particular, people with idiosyncratically low well-being, or
 people facing transitory shocks which adversely affect
 well-being might disproportionately select into retirement.
 Discontinuous retirement incentives in the Social Security
 System, and changes in laws affecting mandatory retirement and
 Social Security benefits allows the exogenous effect of
 retirement on happiness to be estimated. The paper finds that
 the direct effect of retirement on well-being is positive once
 the fact that retirement and well being are simultaneously
 determined is accounted for.


JEL Classification: I310, J140, J170, J260
______________________________

"Compensation and Recruiting: Private Universities Versus Private
 Corporations"

      BY:  BRADFORD CORNELL
              University of California, Los Angeles
              Anderson School of Management

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=312284

Paper ID:  UCLA Finance Working Paper
    Date:  April 2002

 Contact:  BRADFORD CORNELL
   Email:  Mailto:brad.cornell@anderson.ucla.edu
  Postal:  University of California, Los Angeles
           Anderson School of Management
           110 Westwood Plaza
           Los Angeles, CA 90095-1481  UNITED STATES
   Phone:  310-825-2922
     Fax:  310-206-5455

ABSTRACT:
 This paper attempts to shed light on the continuing debate
 regarding executive compensation by comparing the income of S&P
 500 CEOs with that of the presidents of elite private
 universities. The results reveal that university presidents are
 paid only a fraction of what CEOs are paid -- less than 5% in
 2000. Nonetheless, universities are able to attract leaders with
 qualifications and accomplishments equivalent to that of the
 most distinguished CEOs. Furthermore, university presidents
 appear to be willing to work as hard and as much in the
 interests of their constituents as corporate CEOs despite the
 lack of any meaningful incentive clauses in their contracts.
 These results suggest that the standard principal agent model
 used in evaluating compensation needs to be extended
 significantly before it can be applied to situations in which a
 few select people are recruited for highly paid jobs that offer
 the chance to lead major institutions.


JEL Classification: G32
______________________________

"Does It Pay to Work?"

      BY:  JAGADEESH GOKHALE
              Federal Reserve Bank of Cleveland
           LAURENCE J. KOTLIKOFF
              Boston University
              National Bureau of Economic Research (NBER)
           ALEXI SLUCHYNSKY
              Kosovo Ministry of Economy and Finance

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=321362

Paper ID:  NBER Working Paper No. W9096
    Date:  August 2002

 Contact:  LAURENCE J. KOTLIKOFF
   Email:  Mailto:KOTLIKOF@BU.EDU
  Postal:  Boston University
           Department of Economics
           595 Commonwealth Avenue
           Boston, MA 02215  UNITED STATES
   Phone:  617-353-4002
     Fax:  617-353-4449
 Co-Auth:  JAGADEESH GOKHALE
   Email:  Mailto:JGOKHALE@CLEV.FRB.ORG
  Postal:  Federal Reserve Bank of Cleveland
           East 6th & Superior
           Cleveland, OH 44101-1387  UNITED STATES
 Co-Auth:  ALEXI SLUCHYNSKY
   Email:  not available
  Postal:  Kosovo Ministry of Economy and Finance
           Kosovo,    YUGOSLAVIA

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

ABSTRACT:
 Does it pay to work? Given the number and complexity of federal
 and state tax and transfer systems, this is a tough question to
 answer. The problem is greatly compounded by the fact that what
 one earns in one year alters not just current taxes and transfer
 payments in that year, but in future years as well. Thus,
 understanding the net effective tax on work and the changes in
 this taxation associated with policy reforms requires an
 intertemporal model capable of carefully determining tax and
 transfer payments at each stage of the life cycle. This study
 uses ESPlanner, a financial planning software program, to study
 the net work tax levied on workers with different earnings
 capacities. ESPlanner smooths households' living standards
 subject to their capacities to borrow. In so doing, it makes
 highly detailed, year-by-year federal and state income tax and
 Social Security benefit calculations. To produce a comprehensive
 net work tax measure, we added to ESPlanner all other major
 transfer programs.

 We focus on lifetime average and marginal net work-tax rates,
 which are measured by comparing the present values of lifetime
 spending from working through retirement both in the presence
 and in the absence of all tax-transfer programs. We form these
 tax rates for young stylized married workers. We report seven
 findings. First, our fiscal system is highly progressive.
 Households earning the minimum wage receive 18 cents in benefits
 net of taxes for every dollar they earn. In contrast, households
 with million dollar salaries pay 54 cents in taxes net of
 benefits per dollar earned. Second, progressivity is primarily
 restricted to the bottom end of the income distribution. Average
 net work tax rates of middle class households are relatively
 high compared with those of the rich. Third, while the poor face
 negative average taxes, they face significant positive marginal
 net taxes on working. Indeed, a minimum wage household that
 chooses to work is forced to surrender 34 cents of every dollar
 earned in net taxes. Those with earnings that exceed 1.5 times
 the minimum wage face marginal net taxes on full-time work above
 50 percent. Fourth, low-wage workers face confiscatory tax rates
 on switching from part-time to full-time work. Fifth, the same
 is true of secondary earning spouses in low-wage households.
 Sixth, the marginal net tax on working is particularly high for
 young households with low incomes. Seventh, average and marginal
 net work tax rates are relatively insensitive to the assumed
 rate of real wage growth and the discount rate. And eighth,
 major tax reforms, such as switching from income to consumption
 taxation, can have a significant affect on the fiscal system's
 overall progressivity.


JEL Classification: H2