Constitutional Limits on Public Pension Reform: New Directions in Law and Legal Reasoning

2020 ◽  
Author(s):  
T. Leigh Anenson ◽  
Linda Barkacs ◽  
Jennifer Gershberg
Keyword(s):  
Pension Reform ◽  
Legal Reasoning ◽  
Public Pension ◽  
New Directions

scholarly journals Clashing Canons and the Contract Clause

2021 ◽  
pp. 147
Author(s):  
T. Leigh Anenson ◽  
Jennifer Gershberg
Keyword(s):  
Pension Reform ◽  
Legal Reasoning ◽  
Public Pension ◽  
State Court ◽  
Statutory Interpretation ◽  
State Constitutions ◽  
Government Employment ◽  
Profound Influence ◽  
The U.S

This Article is the first in-depth examination of substantive canons that judges use to interpret public pension legislation under the Contract Clause of the U.S. Constitution and state constitutions. The resolution of constitutional controversies concerning pension reform will have a profound influence on government employment. The assessment begins with a general discussion of these interpretive techniques before turning to their operation in public pension litigation. It concentrates on three clashing canons: the remedial (purpose) canon, the “no contract” canon (otherwise known as the unmistakability doctrine), and the constitutional avoidance canon. For these three canons routinely employed in pension law, there has been remarkably little research on their history, evolution, or impact. This study spotlights the methodology that underlies these diverse and complicated judgments. Illuminating actual judicial practices lets us better comprehend when, how, and why these canons function. It puts us in a position to choose the most appropriate canon(s) and to offer improvements on their operation. It also allows us to relate the role of canons to other kinds of legal reasoning. Significantly, studying these canons fills a void in state statutory interpretation as well as contributes to a better understanding of state court enforcement of the Contract Clause that has received scarcely any attention.

Public Pension Reform in Europe and the USA

2012 ◽  
Author(s):  
Maura Francese ◽  
Daniele Franco ◽  
Pietro Tommasino
Keyword(s):  
Pension Reform ◽  
Public Pension ◽  
The Usa

State vs. Local Management of Pension Assets: Effects of the Massachusetts Chapter 68 Public Pension Reform

2019 ◽  
Author(s):  
Bruce E. Stangle ◽  
D. Lee Heavner ◽  
Yao Lu ◽  
Alex Iselin ◽  
Priyanka Singh
Keyword(s):  
Pension Reform ◽  
Public Pension ◽  
Local Management

Pension reform and return-to-work policies

2018 ◽  
Vol 18 (04) ◽  
pp. 500-514 ◽  
Author(s):  
Maria D. Fitzpatrick
Keyword(s):  
Return To Work ◽  
Labor Supply ◽  
Pension Reform ◽  
Pension Plan ◽  
Pension Plans ◽  
Public Pension ◽  
Work Lives ◽  
Retirement Benefit ◽  
Public Pension Plans ◽  
Social Security Earnings Test

AbstractFor many people, working after beginning retirement benefit collection is a way to enhance financial security by increasing income. Existing research has shown that retirees are sensitive to the Social Security earnings test, which restricts the amount of earnings some beneficiaries can receive. However, little is known about the effects of other types of policies on post-retirement employment. Instead of restricting earnings, many public pension plans restrict the number of hours beneficiaries can work. I use return-to-work rules limiting the number of hours of employment in a state's public pension plan and administrative data on employment and retirement to determine the rules’ effects on retirement decisions and post-retirement labor supply. I find that the increases in the maximum number of hours of post-retirement employment lead to no change in retirement benefit collection and to increases in part-time work among retirees. As such, these policies appear to be binding on the labor supply decisions of some employees. These results are relevant for designing policies aimed at extending work-lives or improving the health of pension systems.

scholarly journals Increasing the Public Pension Age: Employers’ Concerns and Policy Preferences

2019 ◽  
Vol 5 (3) ◽  
pp. 255-263 ◽  
Author(s):  
Hendrik P van Dalen ◽  
Kène Henkens ◽  
Jaap Oude Mulders
Keyword(s):  
Life Expectancy ◽  
Older Workers ◽  
Driving Forces ◽  
Pension Reform ◽  
Public Pension ◽  
Average Life ◽  
Average Life Expectancy ◽  
The Public ◽  
Policy Debates ◽  
Pension Age

Abstract Governments increasingly focus on extending working lives by raising public pension ages and in some cases by linking pension ages to changes in the life expectancy. This study offers novel insights into how employers perceive such reforms and their consequences for their organization. A survey among employers (N = 1,208) has been carried out in 2017 to examine their reactions to a recent pension reform in the Netherlands. Statistical analyses are performed to examine employers’ support for the current policy of linking the public pension age to changes in average life expectancy, as well as the support for 2 alternative policies that are often considered in public policy debates: a flexible public pension age; and a lower public pension age for workers in physically demanding jobs. Results show that particularly employers in construction and industry are extremely concerned about the physical capability of employees to keep on working until the public pension age. These concerns are the driving forces behind the lack of support for linking public pension ages to changes in average life expectancy (22% support) and the overwhelming support for a lower public pension age for physically demanding jobs (82%). The introduction of a flexible pension age (78% support) is not firmly related to employers’ concerns about capability or employability of older workers.

Public Pension Reform in Japan

2010 ◽  
Vol 40 (2) ◽  
pp. 179-208 ◽  
Author(s):  
Akira Okamoto
Keyword(s):  
Pension Reform ◽  
Public Pension
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