EMPLOYEE BENEFITS, COMPENSATION & PENSION LAW ABSTRACTS
"The Aftermath of the Cash Balance Controversy: Defining Age Discrimination for Traditional Defined Benefit Pensions" ![Free Download]()
Cardozo Legal Studies Research Paper No. 251
EDWARD A. ZELINSKY, Benjamin N. Cardozo School of Law
Email: ZELINSKY@PRODIGY.NET
The appellate decisions upholding cash balance pensions against the
claim of age discrimination are unconvincing. Nevertheless, these
decisions reach the proper result as a matter of pension policy. These
decisions read the statutory term "benefit accrual" as meaning employer
contributions for purposes of measuring for age-based pension
discrimination in the defined benefit context. However unpersuasive
this reading may be as a textual matter, it reaches a sound outcome in
terms of pension policy. In particular, this reading of the pension age
discrimination statutes enables employers sponsoring traditional,
annuity-paying defined benefit pensions to control their costs by
decreasing the annual growth of the accrued benefits earned by older
employees. This ability to subdue costs will encourage employers to
remain with their traditional defined benefit plans rather than move to
the cash balance format or 401(k). On the other hand, controlling costs
by reducing the rates at which older workers accrue additional benefits
will disappoint the reasonable pension expectations of some, perhaps
many, of those older workers.
"Not How Much But How? The Ethics of Cash Balance Pension Conversions"
PRIVATE RETIREMENT SECURITY: SOCIAL AND ETHNICAL ISSUES, Robert Kolb, ed., Blackwell, 2008
MICHAEL E. JOHNSON-CRAMER, Bucknell University - Department of Management
Email: mjohncra@bucknell.edu
ROBERT A. PHILLIPS, Robins School of Business
Email: rap.uva@gmail.com
This paper explores the ethical issues arising from the
conversion to cash balance pension plans in medium and large U.S.
corporations. The conventional critique of these controversial plans
centers on fundamental questions of distributive justice and rests on
arguments dating back to the formulation of U.S. pension law. Since
that time, however, the conditions which gave rise to these arguments
have changed. Absent a persuasive argument concerning the
distributional patterns of cash balance plans, we address them as a
question of organizational ethics. Integrating insights from
stakeholder theory, integrative social contracts theory, and empirical
research on these conversions, we advance a critique of cash balance
plan conversions based on common procedural approaches to these
conversions.
"The Value of Tax Deferral: A Different Perspective on Roth IRAs" ![Free Download]()
Journal of Financial Planning, December 1998
JEFFREY L. KWALL, Loyola University of Chicago - School of Law
Email: jkwall@luc.edu
This Article explores the circumstances in which tax
deferral is beneficial, and derives some basic rules that refine the
prevailing view that deferring taxes saves money. It demonstrates that
Roth IRAs are often more attractive than traditional tax-deferred
retirement plans but for a reason that generally is not emphasized.
Specifically, when the tax on monies contributed to a Roth IRA is paid
out of funds invested outside the plan, the benefit derived from the
tax-free accumulation often will exceed the tax on the contribution.
Moreover, the benefit of the Roth IRA is magnified when contributions
are invested in high growth vehicles.
"Assessing Tax-Free Savings Accounts: Promises and Pressures" ![Free Download]()
BENJAMIN ALARIE, University of Toronto - Faculty of Law
Email: ben.alarie@utoronto.ca
Tax-free savings accounts ("TFSAs") will be available in
Canada in January 2009. A TFSA is a "tax prepaid" or "yield-exempt"
investment account that does not provide any deduction for
contributions and allows for tax-free compounding of investment returns
in addition to tax-free withdrawals at any time. This article examines
the theory surrounding TFSAs, briefly outlines the empirical evidence
from the UK and the US with similar accounts, and identifies the
consequences that are likely to emerge with the advent of TFSAs within
the existing Canadian tax system. TFSAs can be expected to generate
some modest new savings by Canadians with low and middle incomes and to
give rise to asset shifting from taxable investments to TFSAs by those
who have savings that are currently held outside of tax-advantaged
accounts. The analysis suggests that the TFSA regime should probably be
regarded ambivalently from the perspectives of efficiency and equity on
account of having a small effect on savings and investment behaviour
that will come at the cost of significant forgone tax revenue.
"If
You are so Smart, Why Aren't You Rich? The Effects of Education,
Financial Literacy and Cognitive Ability on Financial Market
Participation" ![Free Download]()
Harvard Business School Finance Working Paper No. 09-071
SHAWN ALLEN COLE, Harvard Business School
Email: scole@hbs.edu
GAURI KARTINI SHASTRY, University of Virginia
Email: shastry@virginia.edu
Household financial market participation affects asset prices and
household welfare. Yet, our understanding of this decision is limited.
Using an instrumental variables strategy and dataset new to this
literature, we provide the first precise, causal estimates of the
effects of education on financial market participation. We find a large
effect, even controlling for income. Examining mechanisms, we
demonstrate that cognitive ability increases participation; however,
and in contrast to previous research, financial literacy education does
not affect decisions. We conclude by discussing how education may
affect decision-making through: personality, borrowing behavior,
discount rates, risk-aversion, and the influence of employers and
neighbors.
"Why Aren't Developed Countries Saving?" ![Fee Download]()
NBER Working Paper No. w14580
LORETTI DOBRESCU, University of Venice - Department of Economics
Email: lorettiis-abella.dobrescu@unipd.it
LAURENCE J. KOTLIKOFF, Boston
University - Department of Economics, National Bureau of Economic
Research (NBER), CESifo (Center for Economic Studies and Ifo Institute
for Economic Research)
Email: kotlikof@bu.edu
ALBERTO MOTTA, University of Padua - Department of Economics
Email: alberto.motta@unipd.it
National saving rates differ enormously across developed countries. But
these differences obscure a common trend, namely a dramatic decline
over time. France and Italy, for example, saved over 17 percent of
national income in 1970, but less than 7 percent in 2006. Japan saved
30 percent in 1970, but only 8 percent in 2006. And the U.S. saved 9
percent in 1970, but only 2 percent in 2006. What explains these
international and intertemporal differences? Is it demographics,
government spending, productivity growth or preferences? Our answer is
preferences. Developed societies are placing increasing weight on the
welfare of those currently alive, particularly contemporaneous older
generations. This conclusion emerges from estimating two models in
which society makes consumption and labor supply decisions in light of
uncertainty over future government spending, productivity, and social
preferences. The two models differ in terms of the nature of preference
uncertainty and the extent to which current society can control future
societies' spending and labor supply decisions.
"Lump-Sum Distributions at Job Change" ![Free Download]()
EBRI Notes, Vol. 30, No. 1, January 2009
CRAIG COPELAND, Employee Benefit Research Institute (EBRI)
Email: COPELAND@EBRI.ORG
This paper focuses on the decisions that workers at job
change make on receipt of a lump-sum payment from an employment-based
retirement plan: whether to roll the account balance over to another
tax-qualified savings vehicle, spend the assets, or invest/save the
assets in another manner. The number and amounts of lump-sum
distributions are estimated, followed by a discussion of what
individuals are doing with these distributions and an analysis of
important determinants of the decision to roll over the distribution
versus using the assets for other reasons. These results are derived
from recently released data from the U.S. Census Bureau -- The Pension
and Retirement Plan Coverage Topical Module 7 of the 2004 Survey of
Income and Program Participation (SIPP) -- which includes lump-sum data
for individuals through 2006. This research updates prior studies on
lump-sum distributions done by the Employee Benefit Research Institute.
About
16.2 million working-age Americans reported ever having received a
lump-sum distribution from a retirement plan when changing jobs,
through April of 2006. The average amount of these distributions was
$32,219 (in 2006 dollars) and the median (mid-point) amount was
$10,000. For the most part, the amounts of the lump-sum distributions
were relatively small -- just over 21 percent of the distributions were
less than $2,500. Just over 16 percent were $50,000 or more. The rest
of the distributions (about 63 percent) were between $2,500 and
$50,000. The data show that an increasing percentage of retirement plan
participants are rolling over all of their lump-sum distributions on
job change, and fewer are spending any of their distributions on
consumption. However, the data also show that approximately 60 percent
of those who took a lump-sum payment did not roll all of it into
tax-qualified savings, although not all of those distributions were
spent exclusively on consumption but instead were used for home
purchases, starting a business, or paying down debt. This behavior
varied significantly across participants' ages and the amount of the
distribution, with older individuals (up to age 65) and those with
higher balances more likely to roll over their assets.
"The 2008 Chilean Reform to First-Pillar Pensions" ![Free Download]()
CESifo Working Paper Series No. 2520
SALVADOR VALDES-PRIETO, Pontifical
Catholic University of Chile - Institute of Economics, CESifo (Center
for Economic Studies and Ifo Institute for Economic Research)
Email: SVALDES@VOLCAN.FACEA.PUC.CL
Chile approved in early 2008 the replacement of her two current
non-contributory subsidies for the old poor for a unified program with
a pioneering design, with phase-in ending in 2012. This paper describes
the political economy of this reform and evaluates it with regards to
efficiency and equity. The design is analogous to one adopted in
Finland in 1957, with two differences: First, the subsidy withdrawal
rate in response to the individual's contributory pension benefit is
lower, about 30% rather than 50%. Second, preserving a tradition
introduced in 1975, benefits are also withdrawn in response to per
capita household income.
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