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A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth 2014 Pace University

A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth

Pace Law Review

This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories—from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights—the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this Article discusses ...


Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz 2014 Pace University

Social Insecurity: A Modest Proposal For Remedying Federal District Court Inconsistency In Social Security Cases, Jonah J. Horwitz

Pace Law Review

This Article addresses a relatively narrow but consequential problem in the system: the inadequacy of federal judicial resolution of appeals from the denial of Social Security disability benefits. It addresses the problem with an equally narrow, and hopefully equally consequential, solution: granting a published district court decision in such a case the power of binding precedent with respect to the judicial district in which the opinion is issued. In so doing, greater uniformity, consistency, fairness, and efficiency would be brought to a process that is badly in need of all.

The Article proceeds in five parts. Part I provides some ...


Are Defined Contribution Pension Plans Fit For Purpose In Retirement?, Jeremy R. Cooper 2014 Seattle University School of Law

Are Defined Contribution Pension Plans Fit For Purpose In Retirement?, Jeremy R. Cooper

Seattle University Law Review

This Article considers the historical basis for the shift from defined benefit plans to defined contribution plans, the structural and practical shortcomings of defined contribution plans, alternate pension models, and adjustments to existing retirement plan models that may offer a degree of protection to plan contributors. Like the United States, Australia is now realizing the limitations of a defined contribution retirement system insofar as it relates the provision of reliable retirement income for a population with increasing life expectancy. Unlike defined contribution plans, defined benefit plans provide a benefit based typically on time served and a predetermined proportion of either ...


Less Is More: Applying A Modified Reasonable Compensation Standard To Eliminate The Inconsistencies In The Payroll And Net Investment Income Tax Bases, John S. Treu 2014 SelectedWorks

Less Is More: Applying A Modified Reasonable Compensation Standard To Eliminate The Inconsistencies In The Payroll And Net Investment Income Tax Bases, John S. Treu

John S. Treu

The original policy for the implementation of payroll taxes was to impose a tax on wages as both a funding mechanism for, and a limitation to, qualifying for social security. However, the self-employment tax base developed severe inconsistencies with this original policy and among different tax entities by including certain returns on capital investments in the tax base. At present, different payroll tax obligations arise for similarly situated tax payers based solely on the type of entity the owner elects to be taxed as under the check-the-box regulations. These inconsistencies resulted from misguided efforts by congress and the treasury to ...


Financial Security Scorecard: A State-By-State Analysis Of Economic Pressures Facing Future Retirees, Christian Weller, Nari Rhee, Carolyn Arcand 2014 University of Massachusetts Boston

Financial Security Scorecard: A State-By-State Analysis Of Economic Pressures Facing Future Retirees, Christian Weller, Nari Rhee, Carolyn Arcand

Public Policy and Public Affairs Faculty Publication Series

As Americans increasingly worry about their retirement prospects, states play an important and growing role in retirement security policy. States already manage long-term care programs for the elderly through Medicaid. Concerned about the impact of future elder poverty on state and local budgets and their local economies, a number of states are exploring the creation of low-cost and low-risk retirement savings plans for private sector workers who lack access to pensions or 401(k)s on the job. Some states have developed programs to help older workers find work.

This report presents the Financial Security Scorecard, designed to inform state-level ...


Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, Jonathan B. Forman, Michael J. Sabin 2014 University of Oklahoma College of Law

Tontine Pensions: A Solution To The State And Local Pension Underfunding Crisis, Jonathan B. Forman, Michael J. Sabin

Jonathan B. Forman

Tontines are investment vehicles that can be used to provide retirement income. Basically, a tontine is a financial product that combines features of an annuity and a lottery. In a simple tontine, a group of investors pool their money together to buy a portfolio of investments, and, as investors die, their shares are forfeited, with the entire fund going to the last surviving investor. Over the years, this last-survivor-takes-all approach has made for some great fiction. For example, on the television show “Mash,” Colonel Sherman T. Potter, as the last survivor of his World War I unit, got to open ...


La Pensión Familiar En Colombia: ¿Una Solución Al Déficit Pensional Colombiano?, Fernando Castillo Cadena, Ana María Muñoz Segura 2014 Latin American and Caribbean Law and Economics Association

La Pensión Familiar En Colombia: ¿Una Solución Al Déficit Pensional Colombiano?, Fernando Castillo Cadena, Ana María Muñoz Segura

Fernando Castillo Cadena

Colombia enacted the “family old-age pension” through Law 1580/12. This pension is not one of exceptional type, which is granted to certain beneficiaries: it is one that tries to expand the coverage of the pension system in a novel way. Thus, the right to a pension no longer will be a product of regular contributions or savings made on an individual basis, but one that will correspond to the sum of efforts made by the couple that makes up a family group. So, in the event that an affiliate not eligible to obtain an old-age pension on an individual ...


How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes 2013 NELLCO

How Behavioral Economics Trims Its Sails And Why, Ryan Bubb, Richard Pildes

New York University Law and Economics Working Papers

This article argues that the preference of behavioral law and economics (BLE) for regulatory approaches that preserve “freedom of choice” has led to incomplete policy analysis and ineffective policy. BLE has been broadly regarded as among the most promising new developments in public policymaking theory and practice. As social science, BLE offers hope that better understanding of actual human behavior will provide a sounder foundation for the design of regulation. As politics, BLE offers a possible political consensus built around minimalist forms of government action commonly known as nudges that preserve freedom of choice. But these two seductive dimensions of ...


Can Pensions Be Restructured In (Detroit’S) Municipal Bankruptcy?, David A. Skeel Jr. 2013 University of Pennsylvania Law School

Can Pensions Be Restructured In (Detroit’S) Municipal Bankruptcy?, David A. Skeel Jr.

Faculty Scholarship

This paper, which was written as a White Paper for the Federalist Society, describes and assesses the question whether public employee pensions can be restructured in bankruptcy, with a particular focus on Detroit. Part I gives a brief overview both of the treatment of pensions under state law, and of the Michigan law governing the Detroit pensions. Part II explains the legal argument for restructuring an underfunded pension in bankruptcy. Part III considers the major federal constitutional objections to restructuring, Part IV discusses arguments based on the Michigan Constitution, and Part V assesses several Chapter 9 arguments against restructuring. None ...


Federalism And Fiduciaries: A New Framework For Protecting State Benefit Funds, Richard E. Mendales 2013 SelectedWorks

Federalism And Fiduciaries: A New Framework For Protecting State Benefit Funds, Richard E. Mendales

Richard E. Mendales

The financial crisis has underlined difficulties faced by states and their subdivisions in paying benefits to their employees. The most spectacular example is Detroit's bankruptcy, but state and local employers across the country face sharp cuts in benefits as their employers fight for solvency. A federal solution such as ERISA is precluded by considerations of federalism and the impracticability of getting major legislation through Congress. This Article proposes an alternative solution: a uniform state code, following other uniform state laws such as the Uniform Commercial Code, that states could adopt to govern both state and local plans. It would ...


Fact Sheet: What Influences Plans To Work After Ages 62 And 65?, Maximiliane E. Szinovacz, Gerontology Institute, University of Massachusetts Boston 2013 University of Massachusetts Boston

Fact Sheet: What Influences Plans To Work After Ages 62 And 65?, Maximiliane E. Szinovacz, Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

Timing of retirement and, implicitly, plans to work in later life have great policy relevance. They affect Social Security expenditures, employers’ pension expenditures, as well as labor force supply and demand. In light of the recent recession, it is particularly important to explore whether economic downturns and workers’ financial status influence their later-life work plans. To answer this question, we analyzed data from the nationally representative Health and Retirement Study (HRS), which included questions about expectations to work full-time after age 62 and age 65.


Letter Regarding Pbgc Request For Information On Missing Participants In Individual Account Plans, Federal Register, Vol. 78, No. 120, June 21, 2013, Ellen A. Bruce, Brian Reilly 2013 University of Massachusetts Boston

Letter Regarding Pbgc Request For Information On Missing Participants In Individual Account Plans, Federal Register, Vol. 78, No. 120, June 21, 2013, Ellen A. Bruce, Brian Reilly

Pension Action Center Publications

On August 19, 2013, the Pension Action Center wrote to the Office of the General Counsel of the Pension Benefit Guaranty Corporation in response to their request for comments on the implementation of a new program to deal with benefits of missing participants in terminating individual account plans.


Managing Our Money: The Law Of Financial Fiduciaries As A Private Law Institution, Hanoch Dagan, Sharon Hannes 2013 BLR

Managing Our Money: The Law Of Financial Fiduciaries As A Private Law Institution, Hanoch Dagan, Sharon Hannes

Tel Aviv University Law Faculty Papers

This Article develops a theory of the law governing financial fiduciaries (most notably trust law). We conceptualize financial fiduciaries law as a private law institution that enhances individual autonomy by enabling people to safely delegate to others the authority over a significant aspect of their welfarist interests. This ability is autonomy-enhancing because we can enlist others to perform an increasingly complex task that impacts our savings, pensions, and bequeathable fortunes. Safely delegating this task to others relieves us of this burden, freeing us to focus on our intrinsically valuable projects.

We argue that this telos requires attuning financial fiduciaries law ...


Gender And Marital Status Differences In Retirement Planning, Maximiliane E. Szinovacz, Gerontology Institute, University of Massachusetts Boston 2013 University of Massachusetts Boston

Gender And Marital Status Differences In Retirement Planning, Maximiliane E. Szinovacz, Gerontology Institute, University Of Massachusetts Boston

Gerontology Institute Publications

During the past decades, women have increasingly joined the labor force and worked in their later years. Yet women, especially married women, often have shorter work histories than their male counterparts due to taking time off for child care or care for ailing relatives. Are they also different in their retirement expectations? To answer this question, we explore gender and marital status differences in retirement plans.


Testimony Before The Erisa Advisory Council, Ellen A. Bruce 2013 University of Massachusetts Boston

Testimony Before The Erisa Advisory Council, Ellen A. Bruce

Pension Action Center Publications

I am the director of the Pension Action Center of the Gerontology Institute at the University of Massachusetts Boston. In that capacity, I run the New England Pension Assistance Project (NEPAP), a U.S. Administration on Aging (AoA)-funded pension counseling project, and the Illinois Pension Assistance Project (IPAP) funded by the Retirement Research Foundation. Both of these projects represent low- and moderate-income plan participants who are having difficulty claiming their employer-sponsored retirement income. The AoA funds six pension counseling projects covering 29 states; all of which represent clients in much the same way we do at the Pension Action ...


Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich 2013 Pepperdine University

Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich

Pepperdine Law Review

No abstract provided.


In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover 2013 Pepperdine University

In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover

Pepperdine Law Review

No abstract provided.


Why Do Retail Investors Make Costly Mistakes? An Experiment On Mutual Fund Choice, Jill E. Fisch, Tess Wilkinson-Ryan 2013 University of Pennsylvania Law School

Why Do Retail Investors Make Costly Mistakes? An Experiment On Mutual Fund Choice, Jill E. Fisch, Tess Wilkinson-Ryan

Faculty Scholarship

There is mounting evidence that retail investors make predictable, costly investment mistakes, including underinvestment, naïve diversification, and payment of excessive fund fees. Over the past thirty-five years, however, participant-directed 401(k) plans have largely replaced professionally managed pension plans, requiring unsophisticated retail investors to navigate the financial markets themselves. Policy-makers have struggled with regulatory interventions designed to improve the quality of investment decisions without a clear understanding of the reasons for investor mistakes. Absent such an understanding, it is difficult to design effective regulatory responses.

This article offers a first step in understanding the investor decision-making process. We use an ...


Managing Social Security Disability & Other Public Benefits: Development Of A Guide For Consumers And Providers, Stephanie L. Derochers 2013 University of Southern Maine

Managing Social Security Disability & Other Public Benefits: Development Of A Guide For Consumers And Providers, Stephanie L. Derochers

Muskie School Capstones

One in five Americans has a disability, making it the largest minority group in the U.S. (Soffer, McDonald, & Blanck, 2010). In 2011, 13.4 million working-aged adults received a disability cash benefit from the Social Security Administration (Kregel, 2012).

The Social Security Administration (SSA) is the federal agency responsible for managing, executing and overseeing retirement, survivor, old-age and disability benefits. There are over 1,500 Social Security offices and over 65,000 employees nationwide (SSA, 2013). SSA manages at least five disability benefit programs: Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Disabled Widow(er) Benefit (DWB), Childhood ...


Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt 2013 Pepperdine University

Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


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