_________________________________________________________________

  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. 24: December 19, 2002
_________________________________________________________________

Publisher:     LSN Employment, Labor, Compensation & Pension Journals
               a division of
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Editor:        PAMELA PERUN
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                      Topic of This Issue:
                         Annuity Issues
   ___________________________________________________________


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T A B L E   of   C O N T E N T S
_________________________________________________________________


NEW and FORTHCOMING ARTICLES

"An Evolving Pension System: Trends in Defined Benefit and
 Defined Contribution Plans"
      EBRI Issue Brief, No. 249, September 2002
     DAVID RAJNES
        Employee Benefit Research Institute (EBRI)


"A Federal Charter Option for Insurance Companies: Lessons from
 the Bank Experience"
      FINANCIAL MODERNIZATION AFTER GRAMM-LEACH-BLILEY, Pat
      McCoy, ed., Lexis Nexis, 2002
     LISSA LAMKIN BROOME
        University of North Carolina at Chapel Hill
        School of Law


"The Transformation of the U.S. Financial Services Industry,
 1975-2000: Competition, Consolidation and Increased Risks"
      University of Illinois Law Review, Vol. 2002, No. 2,
      Forthcoming
     ARTHUR E. WILMARTH
        George Washington University Law School

WORKING PAPERS

"The History of Annuities in the United States"
     JAMES M. POTERBA
        Massachusetts Institute of Technology (MIT)
        Department of Economics
        National Bureau of Economic Research (NBER)


"Annuities Markets Around the World: Money's Worth and Risk
 Intermediation"
     ESTELLE JAMES
        Consultant, Washington DC
        World Bank
     XUE SONG
        Institute for Women's Policy Research, U.S.


"The Moral Hazard of Insuring the Insurers"
     BRIAN HALL
        Harvard Business School
        National Bureau of Economic Research (NBER)
     JAMES G. BOHN
        Board of Governors of the Federal Reserve System


"Developments in Decumulation: The Role of Annuity Products in
 Financing Retirement"
     OLIVIA S. MITCHELL
        University of Pennsylvania, Wharton School
        National Bureau of Economic Research (NBER)


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

"An Evolving Pension System: Trends in Defined Benefit and
 Defined Contribution Plans"
      EBRI Issue Brief, No. 249, September 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=341100

           Other Electronic Document Delivery:
           http://www.ebri.org
           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.

 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:
 This Issue Brief examines trends in employment-based defined
 benefit (DB) and defined contribution (DC) pension plans since
 1975. The analysis relies extensively on Form 5500 reports
 submitted by plan sponsors and published by the Department of
 Labor, although other sources of information are used.

 The Issue Brief goes beyond a general description of trends in
 the number of qualified private-sector plans, participants, and
 plan contributions and assets to examine why DB plans have
 steadily lost ground as the preferred plan type in recent
 decades. It explores several explanations for the increased use
 of DC plans and cites the research and lines of reasoning used
 to support them. These reasons include government regulation;
 changes in the work place; business environment and risk
 associated with funding and managing pension plans; firm size;
 increased global competition; and the successful marketing
 efforts of consultants and DC plan service providers.
 Developments in the public sector--on the federal and state and
 local levels--are discussed.

 The report addresses public policy implications raised by the
 movement away from DB toward DC (and hybrid) plan designs.
 Important issues in this context include possible sources of
 future retirement income; the impact of job stability on the
 portability of retirement benefits as well as benefit
 preservation and decumulation; and the extent to which
 alternative retirement plan designs satisfy the needs of both
 employer and employee. A closing section examines two topics of
 importance to retirement plans: changes in the tax code
 resulting from the Economic Growth and Tax Relief Reconciliation
 Act (EGTRRA) of 2001 and recent developments in corporate
 governance reform and financial disclosure.

 The report updates information contained in a 1997 EBRI
 analysis of the same subject, and includes sections on plan
 design and operational issues that are combined into an appendix
 to provide basic background on how retirement plans work.

 Keywords: 401(k) Plans, Defined Benefit Plans, Defined
 Contribution Plans, Employment-based Benefits


JEL Classification: J32
______________________________

"A Federal Charter Option for Insurance Companies: Lessons from
 the Bank Experience"
      FINANCIAL MODERNIZATION AFTER GRAMM-LEACH-BLILEY, Pat
      McCoy, ed., Lexis Nexis, 2002

      BY:  LISSA LAMKIN BROOME
              University of North Carolina at Chapel Hill
              School of Law

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=334440

Paper ID:  UNC Public Law Research Paper No. 02-11
    Date:  September 2002

 Contact:  LISSA LAMKIN BROOME
   Email:  Mailto:lissa_broome@unc.edu
  Postal:  University of North Carolina at Chapel Hill
           School of Law
           Van Hecke-Wettach Hall, 100 Ridge Road
           CB #3380
           Chapel Hill, NC 27599-3380  UNITED STATES
   Phone:  919-962-7066
     Fax:  919-962-1277

ABSTRACT:
 Professor Broome discusses the interest following the enactment
 of the Gramm-Leach-Bliley Act in establishing a federal charter
 option for insurance companies. She summarizes previous efforts
 to obtain a federal insurance charter. The paper attempts to
 draw some lessons for the insurance industry from the bank
 experience with dual chartering. Professor Broome cautions that
 the dual banking system is not the product of a carefully
 crafted balancing of powers between state and federal
 regulators, but rather an historical accident, and suggests that
 creating a new federal bureaucracy to mimic this system would,
 at this juncture, be premature.

 Keywords: Banking Law, Finance, State Chartering, Insurance

______________________________

"The Transformation of the U.S. Financial Services Industry,
 1975-2000: Competition, Consolidation and Increased Risks"
      University of Illinois Law Review, Vol. 2002, No. 2,
      Forthcoming

      BY:  ARTHUR E. WILMARTH
              George Washington University Law School

Paper ID:  GWU Law School, Public Law Research Paper No. 41

 Contact:  ARTHUR E. WILMARTH
   Email:  Mailto:awilmarth@main.nlc.gwu.edu
  Postal:  George Washington University Law School
           2000 H Street, N.W
           Washington, DC 20052  UNITED STATES
   Phone:  202-994-6386
     Fax:  202-994-9811

ABSTRACT:
 The structure of the U.S. financial services industry has
 fundamentally changed during the past quarter century. Rapid
 improvements in information technology and the creation of
 innovative financial instruments have produced a dramatic
 increase in competition and spurred deregulation, thereby
 eroding traditional barriers that separated banks from
 securities firms and life insurance companies. In response to
 these trends, major banks, securities broker-dealers and life
 insurers have aggressively expanded by merging with their direct
 competitors and by acquiring firms in other financial sectors.
 The Gramm-Leach-Bliley Act of 1999 has encouraged this
 consolidation trend by authorizing the creation of financial
 holding companies that engage in a full range of banking,
 securities and insurance activities. The Act's proponents claim
 that the new "financial supermarkets" will produce favorable
 economies of scale and scope, offer convenient "one-stop
 shopping" to customers, and achieve a safer diversification of
 risks.

 This article contends that the motivations for and probable
 outcomes of financial conglomeration are very different.
 Managers of large, diversified financial firms have sought
 growth in order to build personal empires, to increase market
 power and to secure membership in the exclusive club of "too big
 to fail" (TBTF) institutions. By virtue of their TBTF status,
 major financial holding companies are largely insulated from
 market discipline and regulatory oversight, and they have
 perverse incentives to take excessive risks at the expense of
 the federal "safety net" for financial institutions. Based on
 past experience, the new financial megafirms are likely to
 encounter diseconomies of scale and scope, shrinking profit
 margins, increased customer dissatisfaction, and greater
 vulnerability to sudden disruptions in the financial markets. In
 addition, current policies create a near-certainty that federal
 regulators will prop up these gigantic financial firms during
 economic crises.

 In light of the challenges posed by financial holding
 companies, federal regulators have tried to strengthen capital
 regulation and increase market discipline. However, these
 incremental regulatory initiatives cannot control the potential
 risks of financial conglomerates, because they do not solve the
 problems of supervisory forbearance and moral hazard created by
 the TBTF doctrine. This article calls for more far-reaching
 reforms to our financial regulatory system in order to compel
 financial conglomerates to internalize the costs of their
 risk-taking.

______________________________

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

"The History of Annuities in the United States"

      BY:  JAMES M. POTERBA
              Massachusetts Institute of Technology (MIT)
              Department of Economics
              National Bureau of Economic Research (NBER)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=226412

Paper ID:  NBER Working Paper No. W6001
    Date:  April 1997

 Contact:  JAMES M. POTERBA
   Email:  Mailto:poterba@mit.edu
  Postal:  Massachusetts Institute of Technology (MIT)
           Department of Economics
           E52-350
           50 Memorial Drive
           Cambridge, MA 02142  UNITED STATES
   Phone:  617-253-6673
     Fax:  617-253-1330

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

ABSTRACT:
 This paper summarizes the development of private annuity markets
 in the United States. Annuities constituted a small share of the
 U.S. insurance market until the 1930s, when two developments
 contributed to their growth. First, concerns about the stability
 of the financial system drove investors to products offered by
 insurance companies, which were perceived to be stable
 institutions. Flexible payment deferred annuities, which permit
 investors to save and accumulate assets as well as draw down
 principal, grew rapidly in this period. Second, the group
 annuity market for corporate pension plans began to develop in
 the 1930s. The group annuity market grew more rapidly than the
 individual annuity market for several decades after World War
 II. The most recent development in the annuity marketplace has
 been the rapid expansion of variable annuities. These annuity
 products combine the investment features of mutual funds with
 the tax deferral available for life insurance products. Variable
 annuity premium payments increased by a factor of five in the
 most recent five years for which data are available.


JEL Classification: G2, D9
______________________________

"Annuities Markets Around the World: Money's Worth and Risk
 Intermediation"

      BY:  ESTELLE JAMES
              Consultant, Washington DC
              World Bank
           XUE SONG
              Institute for Women's Policy Research, U.S.

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=287375

 Contact:  ESTELLE JAMES
   Email:  Mailto:ejames@estellejames.com
  Postal:  Consultant, Washington DC

 Co-Auth:  XUE SONG
   Email:  not available
  Postal:  Institute for Women's Policy Research, U.S.
           1400 20th Street, N.W. Suite 104
           Washington, DC 20036  UNITED STATES

ABSTRACT:
 Annuities markets around the world are small. However, they have
 been growing in recent years and are likely to grow further as a
 result of reforms in public social security systems and private
 pension plans, that partially replace defined benefit plans with
 funded defined contribution plans. When people retire they may
 choose, and are sometimes required, to annuitize these defined
 contribution savings. Therefore, it is important to learn
 whether or not annuities markets exist, how they operate and
 what kinds of market failure can be anticipated. Several papers
 have already analyzed US annuities markets. This paper extends
 that analysis by examining annuities markets in other countries.
 We present evidence from Canada, the UK, Switzerland, Australia,
 Israel, Chile and Singapore - a variety of high and
 middle-income countries - and replicate the results from the
 US.

 This paper focuses on analyses of the expected present
 discounted value (EPDV) of cash flows from the annuity, and the
 money's worth ratio (MWR), which is the EPDV divided by the
 initial premium cost. We find that, when discounting at the
 risk-free rate, MWR's for annuitants are surprisingly high -
 greater than 95% in most countries and sometimes greater than
 100%. MWR's for the average population member are lower but
 still exceed 90% in most cases. We show that differential
 interest rate structures largely explain differential monthly
 payouts across countries, while differential mortality rates,
 especially projected improvement factors, help explain
 differences in measured MWR's, given these monthly payouts and
 interest rates.

 The high MWR's raise the question: How do insurance companies
 cover their costs despite these high MWR's? We hypothesize that
 for each annuity sale, insurance companies get a large sum of
 money up-front that they invest in a portfolio of corporate
 bonds, mortgages, and some equities, earning a rate of return
 that exceeds the risk-free rate by 1.3% or more per year. They
 turn this "risky" portfolio into a safer annuity by a variety of
 risk-intermediation, term-intermediation techniques. This allows
 them to sell a product that is nearly risk-free, while earning a
 "spread" that covers their costs. We present data on cost and
 investment returns that are consistent with this hypothesis. The
 limited opportunity to earn this spread may help explain why
 price indexed annuities in the UK charge higher loads to cover
 their costs and risks. For consumers who would prefer to accept
 this investment risk and capture this spread themselves, the
 appropriate discount rate is higher and the MWR is lower,
 helping to explain the low demand for annuities in voluntary
 markets.

______________________________

"The Moral Hazard of Insuring the Insurers"

      BY:  BRIAN HALL
              Harvard Business School
              National Bureau of Economic Research (NBER)
           JAMES G. BOHN
              Board of Governors of the Federal Reserve System

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=225693

Paper ID:  NBER Working Paper No. W5911
    Date:  January 1997

 Contact:  BRIAN HALL
   Email:  Mailto:BHALL@HBS.EDU
  Postal:  Harvard Business School
           Negotiations, Organizations & Markets
           Soldiers Field
           Boston, MA 02163  UNITED STATES
   Phone:  617-495-5062
     Fax:  617-496-4191
 Co-Auth:  JAMES G. BOHN
   Email:  not available
  Postal:  Board of Governors of the Federal Reserve System
           20th and C Streets, NW
           Washington, DC 20551  UNITED STATES

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

ABSTRACT:
 State guaranty funds are quasi-governmental agencies that
 provide insurance to policyholders against the risk of insurance
 company failure. But insurance provided by guaranty funds, like
 all insurance, creates moral hazard problems, especially for
 companies that are insolvent or near-insolvent. The key insight
 of this paper is that because of the time lag between premium
 payments and losses (which is especially lengthy in long-tail
 lines), writing policies is one way for insurance companies to
 borrow money (i.e., from policyholders). Moreover, the existence
 of guaranty fund insurance enables insurance companies, even
 very risky ones, to borrow from policyholders at rates that do
 not reflect the insurer's default risk. Thus, one way for
 insurance companies to game the guaranty fund system is to
 engage in excessive premium writing. Consistent with this idea,
 we find that insolvent P&C insurance companies tended to have
 very high premium growth before they failed. More than one-third
 of the failed insurance companies had premium growth of more
 than 50 percent in the two years before failure. Moreover, this
 excessive premium growth was more pronounced in long-tail lines
 than in short-tail lines. We also find evidence that greater
 regulatory resources are associated with less gaming of the
 system.

______________________________

"Developments in Decumulation: The Role of Annuity Products in
 Financing Retirement"

      BY:  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=288480

Paper ID:  NBER Working Paper No. W8567
    Date:  October 2001

 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:  215-898-7620
     Fax:  215-898-0310

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

ABSTRACT:
 Longer lifespans are generally seen as a positive outcome of
 economic growth. Yet life extension also means that more people
 face the risk of living too long - that is, outliving their
 assets and means of support. A range of financial products
 exists currently or can be envisioned for the future that would
 be useful in helping to protect people against having to
 dramatically curtail consumption in old age. This paper reviews
 the usefulness of life annuities in providing protection against
 longevity risk.