How Much Is ‘Enough’?

Link:https://www.asppa-net.org/news/how-much-%E2%80%98enough%E2%80%99

Excerpt:

Looks like those hoping for some clarity on a threshold issue involving ERISA fee litigation will have to wait for another day.

I’m referring, of course, to last week’s ruling by the Supreme Court on the case of Hughes v. Northwestern University et al.—a case that the law firm of Schlichter Bogard & Denton—which seems to have “invented” this class of excessive fee litigation—said was having a “chilling effect” on this type of lawsuit, more precisely their ability to proceed to trial (or settlement). Consequently, ERISA fiduciaries were waiting anxiously for a ruling on the case, which involved allegations that Northwestern University had failed to comply with its fiduciary responsibilities with regard to the options available to plan participants. 

Indeed, the allegations in this case weren’t all that different from the litany transgressions outlined in any number of such cases over the years—but in making their case to be heard by the nation’s highest court the plaintiffs’ attorneys (the aforementioned law firm)—had noted (complained?) that suits “with virtually identical” claims were being dismissed out of hand, while other courts were allowing them to go to trial. This they claimed was “…not a factual disagreement about whether the specific allegations at issue clear the pleading hurdle,” but rather “a legal disagreement about where that hurdle should be set.” 

….

Consequently. some clarity as to how, and how much, must be established by those who file the suits before they get to take the issue(s) to trial is timely, to say the least. Or, said another way, how much is “enough.” 

….

Rather, the court had merely determined that there were some prudent alternatives on the menu, and that the participants could choose them if they had an issue with those that (allegedly) weren’t as expensive and that, for that district court, was enough.

Author(s): Nevin E Adams, JD

Publication Date: 3 Feb 2022

Publication Site: ASPPA

Veterans Voice: For ‘service and sacrifice.’ Vets call pension tax exemption long overdue

Link:https://www.providencejournal.com/story/news/local/2022/02/07/ri-veterans-pension-tax-exemption-long-overdue/6664797001/

Excerpt:

In 1998, Reform Party candidate Victor Moffitt campaigned for state treasurer on a platform that included eliminating the state income tax on military pensions. 

Said Moffitt in 1998: “That’s a small amount to pay to the people who risked their lives to preserve our freedom and democracy.”

This history frustrates Vasquez-Hellner because Rhode Island is one of only four states that does not have a specific exemption for veteran pensions. (The first $15,000 of all pensions, regardless of source, are tax-exempt.)

….

Supporters argue the change is a long-overdue step to counter the impression that Rhode Island does not treat its veterans as well as other states, such as Massachusetts and Connecticut. Both fully exempt veteran pensions from state income tax.

Author(s): Frank Lennon

Publication Date: 7 Feb 2022

Publication Site: Providence Journal

Swiss man changes gender to retire and receive his pension a year earlier

Link:https://rmx.news/switzerland/swiss-man-changes-gender-to-retire-and-receive-his-pension-a-year-earlier/

Excerpt:

A man in Switzerland has exploited an administrative loophole and formally changed his gender in order to retire a year earlier, it has emerged.

New rules introduced on Jan. 1 enable any Swiss resident with the “intimate conviction” that they do not belong to the sex they are registered as in the civil status register can apply to change their gender, in addition to their first name, for just 75 Swiss francs (€72).

And it took just four days for the system to be taken advantage of with Swiss daily Luzerner Zeitung reporting that a man from Lucerne applied to change his gender so that he could receive his state pension at the Swiss retirement age for women of 64, a year earlier than men.

While there are regulations supposedly in place to prevent individuals from making “manifestly abusive” applications, there is in reality “no obligation” on the part of civil servants to “verify the intimate conviction of the persons concerned” and the sincerity of the applicant is presumed in accordance with the principle of good faith.

Author(s): John Cody

Publication Date: 30 Jan 2022

Publication Site: Remix News

Funding Public Pension Plans–Theory and Practice

Link:https://www.actuary.org/node/14815

Excerpt:

The Pension Practice Council’s Jan. 25 webinar, “Funding Public Pension Plans—Theory and Practice,” highlighted the Academy’s issue brief The 80% Pension Funding Myth; explored prudent funding practices; and examined considerations being made in the management of “surplus” for state and local public employee pension plans.

Presenters were Academy Pension Vice President Sherry Chan; Paul Angelo, a member of the Public Plans Committee; and Academy member David Lamoureux. Public Plans Committee Chairperson Todd Tauzer moderated.

Using the issue brief as a starting point, Tauzer laid the groundwork of the discussion in going over the basics of pension funding and a funded ratio. Funded ratios move in economic cycles and can be affected by assumption changes, and are also subject to varying asset valuations and liability measurements, he said.

Plan projections go beyond a point in time measurement and can illustrate plan trajectory, which is a more robust indicator of plan health over time. Nevertheless, funded ratios continue to be used ubiquitously. Tauzer highlighted additional considerations to bring context, like financial health and investment strategy of plan sponsor, history of benefit changes, and adherence to funding policy.

Publication Date: 25 Jan 2022

Publication Site: American Academy of Actuaries

Pension Plan Actuarial Assumption Litigation: The End is Not Yet in Sight

Link:https://www.jdsupra.com/legalnews/pension-plan-actuarial-assumption-5162449/

Excerpt:

One recent line of ERISA litigation involves the actuarial equivalence factors used by defined benefit pension plans.  The lawsuits apply both to active defined benefit pension plans and pension plans that have been “frozen” as to future benefit accruals.

….

Basically, the lawsuits allege that the plan, through the use of out-of-date and “unreasonable” actuarial assumptions and conversion factors, has “overcharged” participants when converting from the Life Annuity Benefit to payment in an alternate payment form. 

….

In many of the cases, the challenge focuses on allegedly outdated mortality tables that do not take improved life expectancy into account.  In some situations, the actuarial factors (including mortality table assumption) were established decades ago and have never been updated.  In essence, the lawsuits allege that the plan (by not using updated factors and tables) is not paying out the full value of the participant’s benefit when the participant has elected payment in an alternate payment form.

Author(s): Gregg Dooge

Publication Date: 20 Jan 2022

Publication Site: JD Supra

Retirees fled state to avoid taxing of pension

Link:https://news.yahoo.com/retirees-fled-state-avoid-taxing-090009834.html

Excerpt:

The tax on pensions moved many retirees to flee the state for no-tax states like Florida. I attended one of Dale Zorn’s town halls shortly after his 2011 vote. I told him the huge cost to my pension that I didn’t expect after I retired. He told me they, the Republican Party, will revisit this at a later date. IT NEVER HAPPENED! Since 2011, the Republican Party controlled both houses and could easily have voted to repeal this tax they passed in 2011. It incredulous how they have spun this issue.

Now Gov. Gretchen Whitmer is pushing to repeal this tax this year in her State of the State speech. She knows with inflation pressures how seniors are being affected. She knows this will free up disposable income to be spent in local communities across the state. She knows its good for small business.

Author(s): Paul Wohlfarth

Publication Date: 30 Jan 2021

Publication Site: Yahoo News

Statutory retirement age still needed, says Manpower Minister as Bill passed for higher retirement and re-employment ages

Link:https://www.channelnewsasia.com/singapore/retirement-reemployment-ages-older-workers-manpower-minister-tan-see-leng-2285771

Graphic:

Excerpt:

A statutory retirement age is still important as a safeguard against those employers who dismiss older employees due to their age, said Manpower Minister Tan See Leng on Tuesday (Nov 2), as Parliament voted to pass an amendment to the Retirement and Re-employment Age Act.

The Bill passed on Tuesday amends the Retirement and Re-employment Act so that the Minister for Manpower can prescribe a retirement age and re-employment age of up to 65 and 70 respectively.

This is in line with recommendations by the Tripartite Workgroup on Older Workers in 2019 that both the retirement age and re-employment age be raised by three years to 65 and 70 respectively by 2030.

Author(s): Chew Hui Min

Publication Date: 2 Nov 2021

Publication Site: Channel News Asia

Here is the age when many Americans hope to retire

Link:https://www.cnbc.com/2022/01/03/here-is-the-age-when-many-americans-hope-to-retire.html

Excerpt:

The youngest cohort, Generation Y — ages 25 to 40 — plans to retire at an average age of 59. For Generation X — now 41 to 56 — the average age is 60. Baby boomers — who range from 57 to 75 — indicated they plan to work longer, with an average expected retirement age of 68.

That’s as 83% of non-retired U.S. investors said they are confident they will be financially secure in retirement. That includes 88% of Gen Y, 82% of Gen X and 79% of baby boomers.

Author(s): Lorie Konish

Publication Date: 3 Jan 2022

Publication Site: CNBC

Tokyo’s ‘oldest man’ had been dead for 30 years

Link:https://www.bbc.com/news/world-asia-pacific-10809128

Excerpt:

He was thought to be the oldest man in Tokyo – but when officials went to congratulate Sogen Kato on his 111th birthday, they uncovered mummified skeletal remains lying in his bed.

Mr Kato may have been dead for 30 years according to Japanese authorities.

They grew suspicious when they went to honour Mr Kato at his address in Adachi ward, but his granddaughter told them he “doesn’t want to see anybody”.

Police are now investigating the family on possible fraud charges.

…..

But the family had received 9.5 million yen ($109,000: £70,000) in widower’s pension payments via Mr Kato’s bank account since his wife died six years ago, and some of the money had recently been withdrawn.

Publication Date: 29 July 2010

Publication Site: BBC

Gardaí investigating after man’s body used in apparent attempt to claim pension

Link:https://www.irishtimes.com/news/ireland/irish-news/garda%C3%AD-investigating-after-man-s-body-used-in-apparent-attempt-to-claim-pension-1.4782598

Graphic:

Excerpt:

Gardaí are investigating the death of a man in Carlow town, whose body was brought into a post office by two others in what appeared to be an attempt to claim the deceased’s pension.

The bizarre series of events began when a man entered the post office at Hosey’s shop on Staplestown Road at about 11.30 am on Friday.

The man wanted to collect a pension payment on behalf of an older man but was informed by a staff member that the pensioner would have to be present if a payment was to be made.

The man left the post office and returned a short time later with two other men, one of whom was in his 60s. The two younger men are understood to have sought a pension payment for the third man, who it appeared was being propped up.

….

The deceased man, named locally as Peadar Doyle, is believed to have been in his late 60s and a resident of Pollerton Road, close to the post office.

Author(s): Jack Power, Ronan McGreevy

Publication Date: 21 Jan 2022

Publication Site: The Irish Times

Two men take corpse into Irish post office to claim dead man’s pension

Link:https://www.theguardian.com/world/2022/jan/22/two-men-take-corpse-into-irish-post-office-to-claim-dead-mans-pension

Excerpt:

Gardaí have launched an investigation after two men carried a dead body into an Irish post office in an apparent attempt to claim his pension.

The deceased pensioner was described in reports as being “propped up” by the men as they walked into the building in County Carlow on Friday morning.

The outlandish series of events began when one of the men entered the post office at about 11.30am on Friday, asking to collect a pension payment for an older man, the Irish Times reported. He was refused, with staff informing him that the pensioner would have to be present in order for the money to be handed over.

Author(s): Clea Skopeliti

Publication Date: 22 Jan 2022

Publication Site: The Guardian

Pandemic Spending Slowdown Eased Financial Stress: Survey

Link:https://www.thinkadvisor.com/2022/01/11/pandemic-spending-slowdown-eased-financial-stress-survey/

Excerpt:

Despite a two-year pandemic, workers overall are more confident in their financial situation than they’ve been since 2014, according to findings in the eighth annual Stress, Finances, and Well-Being report released today by John Hancock Retirement. That said, overall stress still affects 72% of retirement plan participants surveyed, especially women (79%) and those 36 to 50 years old (77%).

Further, 71% responded said they had experienced stress, depression or loneliness during the past year.

Author(s): Ginger Szala

Publication Date: 11 Jan 2022

Publication Site: Think Advisor