EMPLOYEE BENEFITS, COMPENSATION & PENSION LAW ABSTRACTS Sponsored by Pension Governance, LLC
"Expenditures of the Aged Chartbook" ![Free Download]()
KIMBERLY D. BURHAM, U.S. Social Security Administration - Office of Research, Evaluation and Statistics Email: kimberly.burham@ssa.gov
This chartbook examines the spending patterns of the aged population
(65 or older) using data from the 2002 Consumer Expenditure Survey
Public-Use File. The charts compare expenditures of the aged population
with those of the near aged (55-64). Many charts also compare those
aged 65-75 and 75 or older. The data include total and per capita
expenditures and expenditures for housing, food, health care,
transportation, and travel.
"Retirement Annuity and Employment-Based Pension Income, Among Individuals Age 50 and Over: 2006" ![Free Download]()
EBRI Notes, Vol. 29, No. 1, January 2008
KENNETH J. MCDONNELL, Employee Benefit Research Institute (EBRI) Email: MCDONNELL@EBRI.ORG
This paper looks at one slice of the income pie of the older
population: retirement annuities and employment-based pensions. It
analyzes the population of those age 50 and over in order to take into
account the prevalence of early retirement options available to
individuals beginning at age 50. Recent data from the March 2007
Current Population Survey, conducted by the U.S. Census Bureau, confirm
earlier findings that gender, marital status, age, education, and other
demographic variables have a significant impact on the likelihood of a
worker receiving a retirement annuity and/or employment-based pension
income in retirement. There may also be a strong correlation between
these same variables and the amount of pension income received from
public- and/or private-sector employment-based retirement plans.
The PDF for the above title, published in the January 2008 issue of
EBRI Notes, also contains the fulltext of another January 2008 EBRI
Notes article abstracted on SSRN: Finances of Employee Benefits,
1950-2006.
"Who is Entitled to Survivor Benefits from ERISA Plans?" ![Free Download]()
John Marshall Law Review, Vol. 40, No. 3, p. 919, Spring 2007
ALBERT FEUER, Law Offices of Albert Feuer Email: afeuer@aya.yale.edu
This Article argues that a beneficiary designation made by a
participant pursuant to the terms of an ERISA plan determines who is
entitled to survivor benefits from that plan. Such designation may not
be superseded by
(A) an agreement made in a marital dissolution or separation
whereby a participant promises to make or retain a different
designation (such agreements are not qualified domestic relations
orders, "QDROs," because QDROs are limited to orders directed not at
participants but at ERISA plans);
(B) an agreement made in a marital dissolution or separation
whereby a participant's former or separated spouse "relinquishes" any
interest in the participant's ERISA plan benefits; or
(C) a state law or federal common-law principle whereby killers of
a participant are deprived of the entitlement to the participant's
survivor benefits from an ERISA plan.
ERISA pension plans must incorporate the only two ERISA required
beneficiary designations, QDROs and spousal survivor benefit
designations. Neither statutory designation applies to an ERISA plan
that is not a pension plan, such as a life insurance or disability
plan. Thus, neither statutory designation may supersede a beneficiary
designation made pursuant to the explicit terms of an ERISA life
insurance or disability plan.
ERISA voids both (A) a direct benefit claim against an ERISA plan
that is not based on a designation that was made pursuant to the terms
of the plan, and (B) an indirect benefit claim against the recipient of
plan benefits that is not based on a designation that was made pursuant
to the terms of the plan.
"Finances of Employee Benefits, 1950-2006" ![Free Download]()
EBRI Notes, Vol. 29, No. 1, January 2008
KENNETH J. MCDONNELL, Employee Benefit Research Institute (EBRI) Email: MCDONNELL@EBRI.ORG
Financing of the U.S. employee benefit system is a joint
effort by employers and employees. Both employers and employees make
payments to voluntary employee benefit programs that provide health
insurance coverage, retirement benefits, and other benefits. In
addition, employers and employees make payments to mandatory government
social insurance programs - most notably Social Security and Medicare -
which provide retirement income and health care coverage, respectively,
for elderly and disabled workers and their dependents. Whether
voluntary or mandatory, each of these systems is employment-based and
financed primarily from earmarked employment-based contributions by the
employer and/or the workers. This paper uses the latest data (for 2006)
from the Bureau of Economic Analysis' (BEA) National Income and Product
Accounts of the United States. A key finding is that retirement
benefits are still the top source of benefit expenditures among both
public and private employers, but that health benefits are catching up
fast and are likely to outstrip retirement as the major benefit
expense.
The PDF for the above title, published in the January 2008 issue of
EBRI Notes, also contains the fulltext of another January 2008 EBRI
Notes article abstracted on SSRN: Retirement Annuity and
Employment-Based Pension Income, Among Individuals Age 50 and Over:
2006.
"Portfolio Choice in Retirement: Health Risk and the Demand for Annuities, Housing, and Risky Assets" ![Free Download]()
MOTOHIRO YOGO, University of Pennsylvania - Finance Department, National Bureau of Economic Research Email: yogo@wharton.upenn.edu
This paper develops a consumption and portfolio-choice model
of a retiree who allocates wealth among four assets: a riskless bond, a
risky asset, a real annuity, and housing. Unlike previous studies that
treat health expenditures as exogenous negative income shocks, this
paper builds on the Grossman model to endogenize health expenditures as
investments in health. I calibrate the model to explain the joint
evolution of health status and the composition of wealth for retirees,
aged 65 to 96, in the Health and Retirement Study. I use the calibrated
model to assess the welfare gains of an actuarially fair annuity
market. The welfare gain is less than 1% of wealth for the
median-health retiree at age 65, and the welfare gain is about 10% of
wealth for the healthiest.
"Top Ten Myths of Social Security" ![Free Download]()
Elder Law Journal, Vol. 3, No. 2, 1995Illinois Public Law Research Paper No. 07-20U Illinois Law & Economics Research Paper No. LE08-002
RICHARD L. KAPLAN, University of Illinois College of Law Email: RKAPLAN@LAW.UIUC.EDU
Few federal programs are as well known and as widely
misunderstood as Social Security, despite its national prominence in
matters both political and economic. As efforts to reform this creation
of the Great Depression era are likely in the coming years, this
article examines the principal myths surrounding this program to set
the stage for evaluating possible revisions. The myths considered in
this article include the following: (1) there is a trust fund, (2)
Social Security does not increase the federal budget deficit; (3)
retirees are only recovering their own money, (4) Social Security will
not be there when one retires, (5) retirement benefits are proportional
to one's lifetime earnings, (6) Social Security favors two-income
married couples, (7) Social Security favors long-lived marriages, (8)
one could do better investing directly, (9) working after retirement
makes financial sense, and (10) retirement benefits are taxed more
heavily than other pension payments.
"Designing a Social Security Pension System" ![Fee Download]()
International Social Security Review, Vol. 61, Issue 1, pp. 61-79, January/March 2008
ROBERT L. BROWN, Affiliation Unknown
This paper looks at potential models of social security
pension systems. It refers often to the systems that exist in the
United States and Canada (the latter more particularly) to outline the
issues involved in attempting to design a good social security pension
system. Of course, one of the issues is the definition of good. This
paper will use criteria such as poverty alleviation, retirement income
adequacy, benefit/contribution sustainability, income equality and
wealth distribution. In the course of the discussion, the reader will
be exposed to many issues that need to be addressed in the
establishment of any social security pension system in the world. This
may prove to be helpful in countries where new systems are established
(and even for evolving systems). It is also hoped that future students
of social security will find this paper helpful in that it is meant to
lay out some basic principles consistent with good social security
pension design.
"Managing the Beast: How Government Can Reduce Wealth Inequality" ![Free Download]()
Georgetown Journal on Poverty Law & Policy, Forthcoming
JONATHAN BARRY FORMAN, University of Oklahoma College of Law Email: JFORMAN@OU.EDU
The government can, and should, intervene in the free market
to reduce inequality in the distribution of wealth. We simply do not
have to settle for a society where the top 5 percent of households have
dozens of times as much income as the bottom 20 percent and hundreds of
times as much wealth. We should combine the individual income tax and
the Social Security payroll tax into a single, comprehensive income tax
system with a broad base and low tax rates on earned income. We should
also keep the current estate tax or, alternatively, replace it with an
annual wealth tax. Even a modest annual wealth tax could raise $50
billion a year.
"Labor-Force Participation: The Population Age 55 and Older" ![Free Download]()
EBRI Notes, Vol. 28, No. 6, June 2007
CRAIG COPELAND, Employee Benefit Research Institute (EBRI) Email: COPELAND@EBRI.ORG
This paper examines recent U.S. Census Bureau data on
labor-force participation among Americans age 55 and older. The first
section uses annualized data on labor-force participation from the
Current Population Survey (available from the Bureau of Labor
Statistics Web site). However, these data provide only an overall
picture, not specific demographic details. In order to examine
demographic trends of the U.S. population, the second section uses data
from the March Current Population Survey.
The PDF for the above title, published in the June 2007 issue of
EBRI Notes, also contains the fulltext of another June 2007 EBRI Notes
article abstracted on SSRN: "Tax Expenditures and Employee Benefits:
Estimates from the FY 2008 Budget."
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