_________________________________________________________________

  E M P L O Y E E   B E N E F I T S ,   C O M P E N S A T I O N
                    &   P E N S I O N   L A W
                 Vol. 6,  No. 2: January 27, 2005
_________________________________________________________________

Publisher:     Employment, Labor, Compensation & Pension Law Journals
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Editor:        PAMELA PERUN
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                      Topic of This Issue:
                   Defined Contribution Plans
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T A B L E   of   C O N T E N T S
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NEW and FORTHCOMING ARTICLES

"Explaining the Size of the Mutual Fund Industry Around the
 World"
      Journal of Financial Economics, Forthcoming
     AJAY KHORANA
        Georgia Institute of Technology
        Finance Area
     HENRI SERVAES
        London Business School
        Centre for Economic Policy Research (CEPR)
     PETER TUFANO
        Harvard University
        Finance Unit
        National Bureau of Economic Research (NBER)


"The Defined Contribution Paradigm"
      Yale Law Journal, Vol. 114, No. 3, December 2004
     EDWARD A. ZELINSKY
        Cardozo Law School


"Demographic Development and Moral Hazard: Health Insurance with
 Medical Savings Accounts"
      Geneva Papers on Risk and Insurance: Issues and Practice,
      Vol. 29, No. 4, pp. 689-704, October 2004
     JONAS SCHREYOGG
        Technical University of Berlin
        Faculty of Economics, and Management


"Social Security: What Now?"
      Tax Notes, Vol. 106, No. 4, January 24, 2005
     LAURENCE SEIDMAN
        University of Delaware
        Economics


"The Consultants Guide to Stable Value"
      Journal of Investment Consulting, Vol. 7, No. 1, Summer
      2004
     CHRISTOPHER B. TOBE
        AEGON Institutional Markets, Inc.

WORKING PAPERS

"Tax Policy and Education Policy: Collision or Coordination? A
 Case Study of the 529 and Coverdell Saving Incentives"
     SUSAN M. DYNARSKI
        Harvard University
        John F. Kennedy School of Government
        National Bureau of Economic Research (NBER)


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 To provide the broadest coverage of research in Employee
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 scholarly discourse.


N E W   and   F O R T H C O M I N G   Articles
_________________________________________________________________

"Explaining the Size of the Mutual Fund Industry Around the
 World"
      Journal of Financial Economics, Forthcoming

      BY:  AJAY KHORANA
              Georgia Institute of Technology
              Finance Area
           HENRI SERVAES
              London Business School
              Centre for Economic Policy Research (CEPR)
           PETER TUFANO
              Harvard University
              Finance Unit
              National Bureau of Economic Research (NBER)

Paper ID:  AFA 2005 Philadelphia Meetings Paper

 Contact:  AJAY KHORANA
   Email:  Mailto:ajay.khorana@mgt.gatech.edu
  Postal:  Georgia Institute of Technology
           Finance Area
           755 Ferst Drive
           Atlanta, GA 30332  UNITED STATES
   Phone:  404-894-5110
     Fax:  404-894-6030
 Co-Auth:  HENRI SERVAES
   Email:  Mailto:hservaes@london.edu
  Postal:  London Business School
           Sussex Place
           Regent's Park
           London NW1 4SA,    UNITED KINGDOM
 Co-Auth:  PETER TUFANO
   Email:  Mailto:PTUFANO@HBS.EDU
  Postal:  Harvard University
           Finance Unit
           Boston, MA 02163  UNITED STATES

ABSTRACT:
 This paper studies the mutual fund industry in 56 countries and
 tests various hypotheses to explain the extent to which this
 innovative form of financial intermediation has flourished.
 Consistent with related findings from the law and economics
 literature, the mutual fund industry is larger in countries with
 stronger rules, laws, and regulations, specifically where mutual
 fund investors' rights are better protected. The industry is
 smaller in countries where barriers to entry are higher,
 measured by the effort required to set up a new fund. The fund
 industry is larger in countries with wealthier and more educated
 populations, and where the industry itself is older. The fund
 industry is also larger in countries in which defined
 contribution pension plans are more prevalent and where trading
 costs are lower. These results indicate that laws and
 regulations, supply-side, and demand-side factors simultaneously
 affect the size of the mutual fund industry. These factors are
 also related to the recent growth rates of the fund industry
 across nations.

______________________________

"The Defined Contribution Paradigm"
      Yale Law Journal, Vol. 114, No. 3, December 2004

      BY:  EDWARD A. ZELINSKY
              Cardozo Law School

 Contact:  EDWARD A. ZELINSKY
   Email:  Mailto:ZELINSKY@PRODIGY.NET
  Postal:  Cardozo Law School
           55 Fifth Ave.
           New York, NY 10003  UNITED STATES
   Phone:  212-790-0277

ABSTRACT:
 Pension cognoscenti have frequently remarked on the stagnation
 of defined benefit pensions and the concomitant rise of defined
 contribution plans. This Article suggests that over the last
 generation something more fundamental, which can justly be
 called a paradigm shift, has occurred. Americans today primarily
 conceive of and implement retirement savings in the form of
 individual accounts. Such accounts have become primary
 instruments of public policy, not just for retirement savings,
 but increasingly for health care and education as well.

 This Article contends that the defined contribution society as
 it has emerged today constitutes a fundamental transformation of
 the way Americans think about and implement tax and social
 policy. The defined contribution paradigm began to emerge with
 ERISA’s creation of the IRA and evolved further with the
 creation and popularization of 401(k) accounts. During the
 1990s, policymakers adapted defined contribution accounts to
 cover savings for health care and education. To varying extents,
 Americans today can undertake the bulk of their most significant
 savings - for retirement, health care, and education - in
 defined-contribution-style accounts.

 Today, the policies likely to be adopted are those that
 channel government subsidies through individual accounts
 controlled by the taxpayer herself. In contrast, defined benefit
 arrangements - as exemplified by the traditional pension plan
 and the federal Social Security system - are less likely to be
 proposed, adopted, or expanded. The defined contribution
 paradigm has major tax policy implications as well. As a result
 of the increasing prevalence of defined contribution programs,
 upper-middle-class taxpayers can undertake most of their
 significant financial savings through these tax-favored
 accounts. If Congress ever formally transformed the Internal
 Revenue Code into a federal consumption tax, the defined
 contribution paradigm would have paved the way by acclimating
 the public to a system in which savings may be undertaken on a
 tax-free or tax-advantaged basis.

______________________________

"Demographic Development and Moral Hazard: Health Insurance with
 Medical Savings Accounts"
      Geneva Papers on Risk and Insurance: Issues and Practice,
      Vol. 29, No. 4, pp. 689-704, October 2004

      BY:  JONAS SCHREYOGG
              Technical University of Berlin
              Faculty of Economics, and Management

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=605156

 Contact:  JONAS SCHREYOGG
   Email:  not available
  Postal:  Technical University of Berlin
           Faculty of Economics, and Management
           Department of Health Care Management
           Berlin,  10585  GERMANY

ABSTRACT:
 In times of ever-rising health expenditures it is becoming more
 and more obvious that conventional models for funding health
 care are increasingly experiencing difficulties in meeting this
 challenge. The concept of Medical Savings Accounts ("MSAs")
 represents an innovative and so far rarely analysed alternative
 for the funding of health care systems. In this concept an
 anticipated amount of money needed is saved up by each
 individual in a special account set aside to cover health care
 expenses. Since, however, health care expenses for certain kinds
 of treatment frequently exceed the financial capacity of the
 individual, Medical Savings Accounts are normally introduced in
 combination with health insurance covering defined services with
 higher financial risk. From a theoretical point of view the MSA
 concept helps to counteract the phenomenon of moral hazard in
 health insurance systems, at the same time coping with the
 future challenges posed by demographic development. This paper
 also examines experience gained so far in the implementation and
 use of Medical Savings Accounts in different countries. It draws
 a mixed but positive picture of the results. Therefore it could
 be feasible to integrate certain elements of this concept into
 health care systems of European countries.

______________________________

"Social Security: What Now?"
      Tax Notes, Vol. 106, No. 4, January 24, 2005

      BY:  LAURENCE SEIDMAN
              University of Delaware
              Economics

 Contact:  LAURENCE SEIDMAN
   Email:  Mailto:SEIDMANL@BE.UDEL.EDU
  Postal:  University of Delaware
           Economics
           411 Purnell Hall
           Newark, DE 19716  UNITED STATES

ABSTRACT:
 Laurence Seidman is Chaplin Tyler Professor of Economics at the
 University of Delaware and the author of Funding Social
 Security: A Strategic Alternative (Cambridge University Press,
 1999). He contends that even if nothing is done, Social Security
 will face a problem, not a crisis, after 2042: A 27 percent cut
 in the monthly benefit that would still leave the benefit after
 inflation larger than today's benefit. To avoid that 27 percent
 benefit cut after 2042, he offers three recommendations to be
 implemented as soon as possible: tax payroll above the Social
 Security ceiling; gradually reduce the replacement rate for
 high-income earners; and gradually raise the age of full
 benefits and the age of early retirement by one year. To achieve
 a bipartisan package, he recommends considering optional
 individual accounts provided seven conditions described in his
 article are met.

______________________________

"The Consultants Guide to Stable Value"
      Journal of Investment Consulting, Vol. 7, No. 1, Summer
      2004

      BY:  CHRISTOPHER B. TOBE
              AEGON Institutional Markets, Inc.

 Contact:  CHRISTOPHER B. TOBE
   Email:  Mailto:tobecb@aol.com
  Postal:  AEGON Institutional Markets, Inc.
           400 West Market Street
           Louisville, KY 40202  UNITED STATES
   Phone:  502-560-3105
     Fax:  502-560-4343

    Note: This is a description of the paper and not the actual
          abstract.

ABSTRACT:
 Stable value is a unique asset class that provides consistently
 better returns than money market funds. It is an asset class
 with very low return volatility, protection of principal and
 interest, and low fees (many times, even lower than money market
 funds). It is also little known, especially outside the U.S.
 defined contribution (DC) retirement market. When I worked as a
 consultant, I had little knowledge of stable value. Now, as a
 former consultant working in the stable value industry, I know
 that investment consultants who are looking for proactive
 solutions and new ideas for their clients need to learn about
 this important asset class.

 The purpose of this article is to provide consultants with a
 basic foundation of knowledge about stable value and how it is
 used (primarily in the DC world). Certainly, any consultant who
 works with 401(k) plans or other DC plans, where stable value is
 most popular, needs to have a basic understanding of stable
 value. But consultants who work with defined benefit plans,
 endowments, foundations, Taft-Hartley plans, non-profit
 hospitals, even high net worth individuals in the 401(k)
 rollover market, can also benefit from an understanding of
 stable value for its potential applications in those markets.


JEL Classification: G23
______________________________

W O R K I N G   P A P E R   Abstracts
_________________________________________________________________

"Tax Policy and Education Policy: Collision or Coordination? A
 Case Study of the 529 and Coverdell Saving Incentives"

      BY:  SUSAN M. DYNARSKI
              Harvard University
              John F. Kennedy School of Government
              National Bureau of Economic Research (NBER)

Document:  Available from the SSRN Electronic Paper Collection:
           http://papers.ssrn.com/paper.taf?abstract_id=515251

Paper ID:  NBER Working Paper No. W10357
    Date:  March 2004

 Contact:  SUSAN M. DYNARSKI
   Email:  Mailto:Susan_Dynarski@harvard.edu
  Postal:  Harvard University
           John F. Kennedy School of Government
           79 John F. Kennedy Street
           Cambridge, MA 02138  UNITED STATES
   Phone:  617-496-2077
     Fax:  617-496-2554

ABSTRACT:
 529 saving plans and Coverdell Educational Savings Accounts are
 marketed as attractive vehicles for college savings. The main
 finding of this paper is that college savings plans can actually
 harm some families. The joint treatment by the income tax code
 and financial aid system of college savings creates tax rates
 that exceed 100 percent for those families on the margin of
 receiving additional financial aid. Since even families with
 incomes above $100,000 receive need-based aid, the impact of
 these very high taxes is quite broad. I find that an
 aid-marginal family with funds in a Coverdell is worse off than
 if it did not save at all. Simulations show that $1,000 of
 pretax income placed in a Coverdell for a newborn and left to
 accumulate until college will face income and aid taxes that
 consume all of the principal, all of the earnings and an
 additional several hundred dollars. This perverse outcome is the
 product of poor coordination between the income tax code and the
 financial aid system.