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Public Pension Plan Reform: The Legal Framework

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  • Amy B. Monahan

    (University of Minnesota Law School)

Abstract

There is significant interest in reforming retirement plans for public school employees, particularly in light of current market conditions. This article presents an overview of the various types of state regulation of public pension plans that affect possibilities for reform. Nearly all of the various approaches to public pension plan protection taken by the states have significant flaws. These flaws include a lack of clarity regarding what plan changes the relevant legal standard will allow, combined with either too much or too little protection for plan participants. This article argues that states would be well served to adopt a contractual approach to public pension benefits but to limit that contractual protection to accrued benefits. This approach is clear, protects legitimate participant interests, and preserves an employer's ability to respond to changing economic conditions. © 2010 American Education Finance Association

Suggested Citation

  • Amy B. Monahan, 2010. "Public Pension Plan Reform: The Legal Framework," Education Finance and Policy, MIT Press, vol. 5(4), pages 617-646, October.
    • Handle: RePEc:tpr:edfpol:v:5:y:2010:i:4:p:617-646
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    File URL: http://www.mitpressjournals.org/doi/pdf/10.1162/EDFP_a_00014
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    Citations

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    Cited by:

    1. Clive Lipshitz & Ingo Walter, 2020. "Public pension reform and the 49th parallel: Lessons from Canada for the U.S," Financial Markets, Institutions & Instruments, John Wiley & Sons, vol. 29(4), pages 121-162, November.
    2. Fuchsman, Dillon & McGee, Josh B. & Zamarro, Gema, 2023. "Teachers’ willingness to pay for retirement benefits: A national stated preferences experiment," Economics of Education Review, Elsevier, vol. 92(C).
    3. Dongwoo Kim & Cory Koedel & Wei Kong & Shawn Ni & Michael Podgursky & Weiwei Wu, 2021. "Pensions and Late-Career Teacher Retention," Education Finance and Policy, MIT Press, vol. 16(1), pages 42-65, Winter.
    4. Robert Novy-Marx & Joshua D. Rauh, 2012. "Linking Benefits to Investment Performance in US Public Pension Systems," NBER Working Papers 18491, National Bureau of Economic Research, Inc.
    5. Ni, Shawn & Podgursky, Michael & Wang, Xiqian, 2022. "Teacher pension enhancements and staffing in an urban school district," Journal of Pension Economics and Finance, Cambridge University Press, vol. 21(4), pages 613-633, October.
    6. Jean Burson & John B. Carlson & O. Emre Ergungor & Patricia Waiwood, 2013. "Do public pension obligations affect state funding costs?," Working Papers (Old Series) 1301, Federal Reserve Bank of Cleveland.
    7. John A. Dove & Courtney A. Collins & Daniel J. Smith, 2018. "The impact of public pension board of trustee composition on state bond ratings," Economics of Governance, Springer, vol. 19(1), pages 51-73, February.
    8. Novy-Marx, Robert & Rauh, Joshua D., 2014. "Linking benefits to investment performance in US public pension systems," Journal of Public Economics, Elsevier, vol. 116(C), pages 47-61.
    9. Quinby, Laura D. & Wettstein, Gal, 2021. "Do deferred benefit cuts for current employees increase separation?," Labour Economics, Elsevier, vol. 73(C).
    10. Dashle Kelley, 2014. "The political economy of unfunded public pension liabilities," Public Choice, Springer, vol. 158(1), pages 21-38, January.
    11. Pandolfo, Jordan & Winkelmann, Kurt, 2024. "The transitional impact of state pension reform," Journal of Economic Dynamics and Control, Elsevier, vol. 160(C).
    12. Murphy, Austin, 2018. "Bond pricing in the biggest city bankruptcy in history: The effects of state emergency management laws on default risk," International Review of Law and Economics, Elsevier, vol. 54(C), pages 106-117.

    More about this item

    Keywords

    pension plan reform; public school employees; public pension plans;
    All these keywords.

    JEL classification:

    • I21 - Health, Education, and Welfare - - Education - - - Analysis of Education
    • I22 - Health, Education, and Welfare - - Education - - - Educational Finance; Financial Aid
    • J26 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Retirement; Retirement Policies

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