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Retirement Security Law Commons

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Employee Retirement Income Security Act of 1974

Faculty Publications

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Full-Text Articles in Retirement Security Law

Outlawing Pension-Funding Shortfalls, Eric D. Chason Jan 2007

Outlawing Pension-Funding Shortfalls, Eric D. Chason

Faculty Publications

Before ERISA, employees faced a large risk that their employers would default or renege on pension obligations. By creating a federal guarantor of pensions (the PBGC), ERISA has greatly reduced this risk. All else being equal, low-risk pensions are worth more to employees but cost more to provide. Congress has never had a coherent policy on who should pay for these extra costs. Moreover, legal scholars have failed to create a theoretical framework for dealing with these costs, focusing instead on the supposed "moral hazard" that the PBGC guaranty creates. This Article inserts itself into the scholarly vacuum, asserting that …


Joint And Survivor Annuities Under Erisa -- The Gamble On Survival, John W. Lee Jan 1976

Joint And Survivor Annuities Under Erisa -- The Gamble On Survival, John W. Lee

Faculty Publications

No abstract provided.