EMPLOYEE BENEFITS, COMPENSATION & PENSION LAW ABSTRACTS
"Pension Risk Management: Derivatives, Fiduciary Duty and Process" 
SUSAN MANGIERO, PH.D., AIFA, AVA, CFA, FRM, Pension Governance, Incorporated
Email: smmangiero@pensiongovernance.com
Risk is on everyone's mind these days. Volatile markets and rapidly
changing demographics exacerbate already large funding gaps for some
defined benefit plans, motivating pension fiduciaries to look for
potential higher returns in the form of complex securities, derivatives
and portable alpha strategies. As famed economist Milton Friedman said,
there is no free lunch. Greater risk accompanies higher returns. In
assessing financial uncertainty, pension decision-makers will likely
want to make sure that the due diligence of external managers -
especially those who employ leverage inducing strategies - includes a
rigorous assessment of traders' risk management policies and
procedures.
On the accounting front, newly proposed asset disclosure rules, if
approved, are slated to force change by requiring pension plans to
categorize investment risks. Valuation rules such as FAS 157 are
likewise causing change by forcing recognition as to how economic
interests are marked to market or marked to model. Headlines about
billion dollar losses in the financial sector are a reminder that
effective risk management is a fundamental determinant of the economic
viability of any organization. For plan sponsors, poor process may
result in a host of problems such as those relating to liquidity,
funding status and/or regulatory compliance. Low interest rates and
recessionary pressures pose additional challenges, often leaving
employers little room to maneuver. Participants, shareholders and
taxpayers are potentially exposed to significant losses if the
identification, measurement and management of pension risk fall short
of best practices.
Recognizing that meaningful change, as needed, cannot occur without
knowledge of the status quo, the objectives of this research are
threefold - (a) understand why and how plan sponsors employ derivative
instruments, if at all (b) identify what plan sponsors are doing to
address investment risk in the context of fiduciary responsibilities
and (c) assess if and how plan sponsors vet the way in which their
external money managers handle investment risk, including the valuation
of instruments which do not trade in a ready market. A total of 162
retirement plan decision-makers in the United States and Canada
represent survey-takers.
"401(K) Plan Asset Allocation, Account Balances, and Loan Activity in 2007" 
EBRI Issue Brief, No. 324, December 2008
JACK VANDERHEI, Temple University - Risk Management & Insurance & Actuarial Science, Employee Benefit Research Institute (EBRI)
Email: TEMPLE@VANDERHEI.COM
SARAH HOLDEN, Investment Company Institute
Email: sholden@ici.org
LUIS ALONSO, Employee Benefit Research Institute (EBRI)
Email: alonso@ebri.org
CRAIG COPELAND, Employee Benefit Research Institute (EBRI)
Email: COPELAND@EBRI.ORG
Over the past two decades, 401(k) plans have grown to be the
most widespread private-sector employer-sponsored retirement plan in
the United States, and now serve as the most popular defined
contribution (DC) plan, representing the largest number of participants
and assets. In 2007, 48.5 million American workers were active 401(k)
plan participants. By year-end 2007, 401(k) plan assets had grown to
represent 17 percent of all retirement assets, with $3.0 trillion in
assets. In an ongoing collaborative effort, the Employee Benefit
Research Institute (EBRI) and the Investment Company Institute (ICI)
collect annual data on millions of 401(k) plan participants as a means
to accurately portray how these participants manage their accounts.
This paper serves as an update of EBRI and ICI's ongoing research into
401(k) plan participants' activity through year-end 2007. The report is
divided into four sections: The first describes the EBRI/ICI 401(k)
database; the second presents a snapshot of participant account
balances at year-end 2007; the third looks at participants' asset
allocations, including a new analysis of 401(k) participants' use of
lifecycle funds; the fourth focuses on participants' 401(k) loan
activity.
As with previous EBRI/ICI updates, analysis of a consistent sample
of 401(k) participants (those that have been in the same plan since
1999) is planned; this additional analysis is expected to be published
early in 2009. It should be noted that the year-end 2007 401(k) data
reported in this analysis, by definition, do not reflect market losses
or participant account activity in 2008. The impact of the 2008
financial market performance on average 401(k) balances is strongly
affected by age and tenure of the individual participant, and it would
be inaccurate to make a single estimate of an average 401(k) account
outcome for 2008.
"Testing Methods and the Rebalancing Policies for Retirement Portfolios" 
BOLONG CAO, Ohio University
Email: caob@ohio.edu
Portfolio rebalancing policy is one of the most common
policies given by financial advisors to their clients for managing
their clients' retirement portfolios. The out-of-sample performances of
different policy testing methods have rarely been compared. We propose
using bootstrap aggregation (bagging) based on stationary bootstrap as
an innovative way in testing rebalancing policies. We show that in most
cases, by a three to one chance, the out-of-sample performances of the
rebalancing policies chosen by bootstrap aggregation can be better than
the ones chosen by Monte Carlo simulation or in-sample testing for
several performance measures and three different portfolios. We use all
three methods to select rebalancing policies from periodical
rebalancing, the rebalancing policies with fixed bands triggers and
equal probability triggers at different checking frequency and the buy
and hold strategy. We find that the investors should check their
portfolios more than once per year and fixed bands triggers are
preferred to the equal probability triggers in most cases.
"Can 401(k) Plans Provide Adequate Retirement Resources?" 
PETER J. BRADY, Investment Company Institute
Email: pbrady@ici.org
Despite only having been in existence for 27 years - less
than a typical working career - some analysts seem to have concluded
that 401(k) plans are a failure. For example, Munnell and Sundn (2004,
2006) argue that the 401(k) is "coming up short" due to, among other
factors, low contribution rates among those participating. A recent
government report concludes that "low defined contribution plan savings
may pose challenges to retirement security" (GAO, 2007). In addition,
Ghilarducci (2006, 2008) has proposed to replace 401(k) plans with
Guaranteed Retirement Accounts, in part due to belief that 401(k) plan
participants will not be adequately prepared for retirement. This paper
illustrates that moderate 401(k) contribution rates can lead to
adequate income replacement rates in retirement for many workers; that
adequate asset accumulation can be achieved using only a 401(k) plan;
and that these results do not rely on earning an investment premium on
risky assets. Using Monte Carlo simulation techniques, this study also
illustrates the investment risk faced by participants who choose to
invest their 401(k) contributions in risky assets, or who choose to
make systematic withdrawals from an investment account in retirement
rather than annuitize their account balance.
"An Overview of the Railroad Retirement Program" 
Social Security Bulletin, Vol. 68, No. 2, pp. 41-52, 2008
KEVIN WHITMAN, Government of the United States of America - Social Security Administration
Email: Kevin.Whitman@ssa.gov
In the 1930s, amidst concern about the ability of existing
pension programs to provide former railroad workers with adequate
assistance in old age, Congress established a national Railroad
Retirement system. This system is primarily administered by the
Railroad Retirement Board (RRB), which is an independent federal agency
charged with providing benefits to eligible employees of the railroad
industry and their families. Today, the Railroad Retirement program is
closely tied to the far better-known Social Security program, and
although the Railroad Retirement program and Social Security share a
number of common elements, key differences also exist between the two
in areas such as funding and benefit structure. This article describes
history of the Railroad Retirement program, reviews the benefits
provided by the program, and examines RRB's financial operations, using
elements of the Social Security system as points of reference.
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