This is an interesting paper, that comes to us via Workplace Prof, and which provokes further thought on the issue of the litigation boom involving 401(k) plans. The paper finds that pension plans outperform mutual funds, and attributes that differential to costs buried within mutual funds, as well as to the size of
Pensions
Blogging on the Pension Protection Act
I have been meaning to mention this for some time now, but other things always come up. So before the week takes me on to other issues that I want to post about, I thought I would take a moment and recommend to you Suzanne Wynn’s Pension Protection Act blog, which I have been reading…
Behavioral Economics and a Disincentive to Retire
We have talked a fair amount on this blog about “choice architecture” and how the new structure of the retirement system, with its move from pensions to 401(k) plans, may be affecting behavior in unintended ways, such as by encouraging litigation. At his blog, the RiskProf has an excellent post on another negative…
Behavioral Economics, the Pension Protection Act and 401(k) Litigation
I have written before about my thesis that 401(k) litigation, and the tendency of individuals to pursue such suits, may be driven in part by the psychology of retirement benefits and the uncertainty for employees as to whether they will be able to fund their retirement that these types of retirement savings vehicles create, particularly…
Beck v Pace International Union
Well, my trial’s still ongoing, and I find myself short of time to really comment in any detail on the latest details in the always percolating and never quiet world of ERISA and insurance law. However, I do still find time to continue my own reading on the subject, and so I am able to…
Defined Benefit, Defined Contribution, and The Psychological Effect on Litigants
Here is a very neat and interesting paper contrasting defined benefit plans – i.e. pensions – with defined contribution plans – i.e. 401(k) plans – and addressing, in particular: (1) the decline in the former in the workplace and replacement by the latter; and (2) the problems engendered by that change. In essence, the authors…
Introducing Pension Governance LLC
I have talked before about my tendency to veer from my appointed rounds when something more interesting appears on the horizon than that which I had planned to work or post on, and today is another one of those days. I came in full of grand hopes to discuss insurance coverage for intellectual property risks…
The Supreme Court’s Next Words on Fiduciary Duties and Pension Plans
Here is a terrific and in-depth review of the underlying facts and issues in the pending Supreme Court case of Beck v. Pace International Union, which is scheduled to be argued later this month, and which involves the extent, if any, to which fiduciary obligations apply to a decision to terminate a pension plan…
Merger and Anti-Cutback Provisions of ERISA, and a Handy Rule of Thumb
This case, out of the United States District Court for the District of Massachusetts, provides a nice little rule of thumb for amending, merging or otherwise altering retirement benefit plans – namely, that it makes it hard to get sued and lose if you make the changes in a way that avoids altering the actual benefit…
Unfunded Pensions and Green Mountain Captives
Interesting collection of articles across the mainstream business press today for those interested in the subjects covered by this blog. Two interesting pieces – one factual, one commentary – on the rickety condition of state and municipal pensions, and their impact on the fiscal health of states and local governments. Still more interesting, at…