EMPLOYEE BENEFITS, COMPENSATION & PENSION LAW ABSTRACTS
"Risk-Based Supervision of Pension Funds: A Review of International Experience and Preliminary Assessment of the First Outcomes" ![Free Download]()
World Bank Policy Research Working Paper No. 4491
GREGORY G. BRUNNER, Affiliation Unknown
RICHARD HINZ, World Bank - Human Development Network
Email: rhinz@worldbank.org
ROBERTO DE REZENDE ROCHA, National Bureau of Economic Research (NBER)
Email: rrocha@worldbank.org
This paper provides a review of the design and experience of risk-based
pension fund supervision in several countries that have been leaders in
the development of these methods. The utilization of risk-based methods
originates primarily in the supervision of banks. In recent years it
has increasingly been extended to other types of financial
intermediaries including pension funds and insurers. The trend toward
risk-based supervision of pensions is closely associated with movement
toward the integration of pension supervision with that of banking and
other financial services into a single national authority. Although
similar in concept to the techniques developed in banking, the
application to pension funds has required modifications, particularly
for defined contribution funds that transfer investment risk to fund
members. The countries examined provide a range of experiences that
illustrate both the diversity of pension systems and approaches to
risk-based supervision, but also a commonality of the focus on sound
risk management and effective supervisory outcomes. The paper provides
a description of pension supervision in Australia, Denmark, Mexico and
the Netherlands, and an initial evaluation of the results achieved in
relation to the underlying objectives.
"Corporate Use of Cash Balance Pension Plans" ![Free Download]()
KANDICE KAPINOS, ISR, University of Michigan
Email: kkapinos@isr.umich.edu
This paper endeavors to explain the likelihood that a given
firm would have converted its traditional pension plan to a more
controversial cash balance plan during the 1990s. Drawing upon the
theory of implicit contracts, I argue that firms endeavoring to reduce
their stocks of firm specific human capital, with younger and more
mobile workforces in rapidly changing industries would have been most
likely to utilize such a plan. Using data mainly from the Department of
Labor, the Current Population Survey, and Compustat, I find plans with
more educated and older workers were more likely to convert, and plans
covering unionized workers were less likely to convert. I find no
support that over-funded plans were more likely to convert.
"Equity Valuation Effects of the Pension Protection Act of 2006" ![Free Download]()
JOHN L. CAMPBELL, University of Arizona - Department of Accounting
Email: johnc@email.arizona.edu
DAN S. DHALIWAL, University of Arizona - Department of Accounting
Email: dhaliwal@eller.arizona.edu
WILLIAM C. SCHWARTZ JR., University of Arizona - Department of Accounting
Email: SCHWARTZ@ELLER.ARIZONA.EDU
We investigate the equity valuation effects of the Pension
Protection Act of 2006 (hereafter PPA 2006). The PPA 2006 has two main
provisions: (1) firms are required to fully fund their pension plans
within seven years (previously allowed 30 years to fund 90 percent of
the pension liability), and (2) firms receive a tax deduction for
qualifying contributions of 150 percent (previously 100 percent). We
examine pension firms' abnormal returns surrounding key dates in the
legislative process leading to the adoption of the PPA 2006. We also
estimate a multivariate model that isolates the equity valuation
effects by the key provisions of the legislation. Third, we amend the
multivariate model to assess whether there are differential valuation
effects for firms in the different at risk categories defined by the
PPA 2006. We find a mean negative abnormal return of -4.08 percent
during the period in which the PPA 2006 was first voted on by Congress.
The mean (median) firm in our sample experienced a $340 million ($60
million) decline in market capitalization. We find that the equity
valuation effect was more negative for firms with larger unfunded
pension liabilities and larger capital expenditure requirements, while
firms with higher marginal tax rates experienced a positive effect. We
find no evidence of differential valuation effects for firms in
different at risk categories as defined by the PPA 2006. We find a
significant number of pension freezes occurred during our sample
period. Our results are unchanged when excluding these firms from our
sample.
"Who Benefits from Tax-Advantaged Employee Benefits?: Evidence from University Parking" ![Fee Download]()
NBER Working Paper No. W14062
MICHAEL D. GRUBB, MIT Sloan School of Management
PAUL OYER, Stanford Graduate School of Business, National Bureau of Economic Research (NBER)
Email: pauloyer@stanford.edu
We use university parking permits to study how firms and
employees split the value of employee benefit tax subsidies. Starting
in 1998, the IRS allowed employees to pay for parking passes with
pre-tax income. This subsidized the parking pass purchases of faculty
and staff, but did not affect students. We show that the typical
university raised its parking rates by 8-10% extra when it implemented
a pre-tax payment system, but that this increase was the same for those
affected by the tax change and those that were not affected. We
conclude that university employees captured much of the new tax
benefit, that faculty and staff that purchase permits benefited
relative to those that do not purchase permits, and that students that
purchase permits were made worse off relative to those that do not buy
permits. We discuss what these results suggest about universities'
objectives in setting their parking prices and about the demand for
university parking.
"Not All Plan Failures are Created Equal: Inventing the Code Section 409A Correction Program" ![Free Download]()
BRIAN A. BENKO, Affiliation Unknown
Email: bbenko1064@gmail.com
The new requirements under Code §409A have created
compliance issues for executives and their corporations. All
nonqualified deferred compensation plans must comply with the
requirements under Code §409A(a) in form and in operation. The esoteric
nature of Code §409A(a) and its regulations make administration
difficult. Consequently, the U.S. Department of the Treasury and the
Internal Revenue Service have decided to create a program for
correcting certain nonqualified deferred compensation plan failures.
Instituting a correction program for employee benefit plan failures
is not a new concept. For several years, the Service has administered
the Employee Plans Compliance Resolution System (EPCRS ) to allow a
plan qualified under Code §401(a) to correct certain failures that
would otherwise cause the plan to be disqualified. While the current
EPCRS program has undergone several reconstructions, the current Code
§409A(a) correction program is in its infant stage. On December 20,
2007, the Treasury Department and the Service released Notice 2007-100
outlining a limited self-correction program.
This article reviews the current Code §409A(a) correction program
and analyzes several issues related to creating the program, including
whether the Treasury Department and the Service have legal authority to
create it.
"Savings Needed to Fund Health Insurance and Health Care Expenses in Retirement: Findings from a Simulation Model" ![Free Download]()
EBRI Issue Brief, No. 317, May 2008
PAUL FRONSTIN, Employee Benefit Research Institute (EBRI)
Email: FRONSTIN@EBRI.ORG
DALLAS L. SALISBURY, Employee Benefit Research Institute (EBRI)
Email: SALISBURY@EBRI.ORG
JACK VANDERHEI, Temple University - Risk Management & Insurance & Actuarial Science, Employee Benefit Research Institute (EBRI)
Email: TEMPLE@VANDERHEI.COM
This paper provides estimates for savings needed to cover
health insurance to supplement Medicare and out-of-pocket expenses for
health care services in retirement. It finds that a male age 65 in 2008
and retiring at age 65 will need anywhere from $64,000 to $159,000 in
savings to cover health insurance premiums and out-of-pocket expenses
in retirement if they are comfortable with a 50 percent chance of
having enough money and $196,000 to $331,000 if they prefer a 90
percent chance. Women age 65 retiring in 2008 will need anywhere from
$86,000 to $184,000 in savings to cover health insurance premiums and
out-of-pocket expenses in retirement if they are comfortable with a 50
percent chance of having enough money, and $223,000 to $390,000 if they
prefer a 90 percent chance. Persons currently age 55 will need even
greater savings when they turn 65 in 2018.
Past EBRI research has examined how much money an individual needs
for health care expenses in retirement, focusing on how savings varies
by length of life and health care cost increases. Past research was
based on computer modeling that used deterministic (non-random)
analytical techniques. The research presented in this paper builds on
that earlier work by introducing random (stochastic) computer modeling
to more realistically examine the uncertainty of longevity and
investment risk as well as future health care cost increases. This
paper begins with a brief discussion of the modeling technique,
followed by main findings and updated data on trends in retiree health
benefits.
"Healthcare Reform in the United States: The Role of the States" ![Free Download]()
Seattle Journal for Social Justice, Vol. 6, No. 1, p. 199, 2007
Lewis & Clark Law School Legal Studies Research Paper No. 2008-12
ARTHUR B. LAFRANCE, Lewis & Clark Law School
Email: lafrance@lclark.edu
Although national efforts at healthcare reform in the United
States have largely stalled, reform efforts at the state level have
enjoyed surprising success - either independently of federal programs
or within the latitude allowed by federal funding for the states. These
state efforts hold great promise of extending access and healthcare
coverage to uninsured Americans, improving quality of care, containing
costs, and raising new revenues. These efforts are of great importance
not only to other states, but also to other nations that already have
universal healthcare and are now struggling with issues of coverage,
cost, and quality.
It is commonly understood that reform of the United States
healthcare system is greatly needed. Total national healthcare
expenditures exceed $1 trillion annually and, at the present rate of
increase, will surpass $2 trillion within the present decade. This
burden is unacceptable, whether viewed as a percentage of domestic
national product, exceeding 18 percent, or as a per capita expenditure,
exceeding by nearly a factor of two to three times expenditures by
other industrialized nations. The burden on individuals is onerous,
unequal, and increasing.
At the same time, there are major deficiencies in coverage and
quality. As to coverage, the U.S. Census Bureau reports that over 47
million Americans are uninsured. As to quality, the Institute of
Medicine estimates tens of thousands Americans die from negligence in
hospitals annually. By most quality measures, American outcomes fall
far short of international standards, whether the criteria are simple
mortality or more complex quality-of-life measures.
There is consensus that the United States cannot continue on the
present path. A recent analysis by the Center on Budget and Policy
Priorities concluded that if present budget policies are continued, by
2050, the national debt will increase from 37 percent of the national
economy to 231 percent.
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