This article discusses when an ERISA plan may, and when it must, comply with directions of (1)an attorney in fact under a power of attorney, or (2) a court-appointed guardians. Such issues are not limited to cases in which an ERISA plan participant or beneficiary lacks the capacity to act on his...

Ensuring a desired standard of living in retirement has been strongly challenged by increasing life expectancy, and simultaneously by the current and possibly long-lasting low interest environment. In contrast to literature in this field which claims annuitization of wealth being a vital part of...

This report has two goals: first, to illustrate how the legal concept of fiduciary duty, designed to protect worker retirement funds, has been captured and distorted in ways that harm workers. Second, to propose means of restoring fiduciary duty to its proper purpose. The state-level fiduciary...

Two proposed bills barring public pensions from considering environmental, social, and governance investment criteria create massive legal risk for any pension fiduciary or service provider. The American Legislative Exchange Council “boycott bill” and the “fiduciary duty” bill, if...

Several recent works have sharply criticized public pension funds and labor union funds (“labor’s capital”). These critiques come from both the left and right. Leftists criticize labor’s capital for undermining worker interests by funding financialization and the growth of Wall Street....

In an era of fiscal austerity and dualization of social protection, has organized labor become increasingly split along skill and industry lines? Against recent political science accounts of trade union involvement in social policy-making, this paper argues that, in the specific area of...

Why, since the mid-1980s, have so many European governments decided fiscally to support the development of private retirement savings accounts? Whereas analysts of pension reform in affluent democracies have traditionally considered the development of private pensions as a secondary outcome of...

This paper analyses business preferences towards the development of private pension funds. Existing studies about business involvement in welfare state reform equate capital with employers and focus on the socio-economic determinants of their preferences. In contrast, this paper also analyses...

<OL><LI>In most OECD countries, the structure of the pension system does not give much potential for individual choice. The Swiss pension system is a particularly interesting case in this respect. Switzerland relies heavily on privately-managed, fully-funded pensions, which employers are obliged to...</li></ol>

This paper examines how uncertainty regarding future mortality and life expectancy outcomes, i.e. longevity risk, affects employer-provided defined benefit (DB) private pension plans liabilities. The paper argues that to assess uncertainty and associated risks adequately, a stochastic approach...