Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-07T12:24:05.807Z Has data issue: false hasContentIssue false

Securing pension benefits in DB private schemes with priority rules: an insight from contracting theory

Published online by Cambridge University Press:  10 August 2009

ANNE LAVIGNE
Affiliation:
LEO, UMR6221 CNRS, Université d'Orléans, Rue de Blois, BP6739, F45067 Orléans Cedex 2
JESUS HERELL NZE-OBAME
Affiliation:
LEO, UMR6221 CNRS, Université d'Orléans, Rue de Blois, BP6739, F45067 Orléans Cedex 2 (e-mail: [email protected])

Abstract

This contribution aims at enriching the debate on the priority of unfunded pension rights in the case of a sponsoring firm's bankruptcy. Starting from the idea that pension promises in DB schemes are part of a financial contract between a sponsor and participants to a sponsored pension plan, we argue that plan participants are not ordinary creditors and should be given the same priority as other claimants in the event of underfunding and a sponsoring firm's bankruptcy. We build up a model consistent with this view, which gives room for more participants' involvement in pension fund management. We assume that the sponsoring firm chooses the optimal share of a pension fund deficit that it commits to cover in case of underfunding, while participants choose the contribution rates that maximize their expected utility. We show that two regimes govern the pattern of the relationship between the optimal level of funding chosen by the sponsor and the optimal contribution rates chosen by the plan participants. Allowing plan participants to determine their desired contribution rates gives the entrepreneur the proper incentive for funding the pension plan. In a certain way, our pension contract resembles a cash-balance contract and our model suggests that more security can be given to plan participants in their pension savings by offering them a cash-balance plan which states a priority of unfunded pension rights in case of a firm's bankruptcy.

Type
Articles
Copyright
Copyright © Cambridge University Press 2009

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Anenson, T. and Lahey, K. (2007) The crisis in corporate america: private pension liability and proposals for reform. Journal of Labor and Employment Law, 9(3): 495532.Google Scholar
Arnott, R. and Gersovitz, M. (1980) Corporate financial structure and the funding of private pension plans. Journal of Public Economics, 13(2): 231247.Google Scholar
Besley, T. and Prat, A. (2003) Pension fund governance and the choice between defined benefit and defined contribution plans. CEPR Discussion Paper (3955).Google Scholar
Bodie, Z., Merton, R., and Jin, L. (2006) Do a firm's equity returns reflect the risk of its pension plan? Journal of Financial Economics, 81(1), 126.Google Scholar
Clark, L. G. and Monk, A. (2007) The crisis in defined benefit corporate pension liabilities. Part II: current solutions and future prospects. Pensions: An International Journal, 12(2): 6881.Google Scholar
Cooper, R. and Ross, T. (2001) Pensions: theories of underfunding. Labour Economics, 8(6): 667689.Google Scholar
GAO (2005) Recent experiences of large defined benefit plans illustrate weakness in funding rules. Report to Congressional Committees, United States Government Accountability Office.Google Scholar
Guoqiang, L. (2006) The establishment of limited priority of workers' claims in the Enterprise Bankruptcy Law of China. Forthcoming in OECD publication Legal and Institutional Reforms of Asian Insolvency Systems.Google Scholar
Ippolito, R. (1985) The labor contract and true economic pension liabilities. American Economic Review, 75(5): 10311043.Google Scholar
Ippolito, R. (1986) The economic burden of corporate pension liabilities. Financial Analysts Journal, 42(1): 2234.Google Scholar
Ippolito, R. (1997) Pension Plans and Employee Performance Evidence, Analysis and Policy. University of Chicago Press.Google Scholar
Lazear, E. (1979) Why is there mandatory retirement? Journal of Political Economy, 87(6): 12611284.CrossRefGoogle Scholar
Oldfield, G. (1977) Financial aspects of the private pension system. Journal of Money, Credit and Banking, 9(1): 4854.CrossRefGoogle Scholar
Orr, V. D. (1998) Strategic bankruptcy and private pension default. Journal of Economic Issues, 32(3): 669687.CrossRefGoogle Scholar
Sharpe, W. (1976) Corporate pension funding policy. Journal of Financial Economics, 3(3): 183193.CrossRefGoogle Scholar
Stewart, F. (2007) Benefit protection: priority creditor rights for pension funds. OECD Working Papers On Insurance and Private Pensions (6).Google Scholar
Treynor, J., Regan, P., and Priest, W. (1978) Pension claims and corporate assets. Financial Analysts Journal, 34(3): 8488.Google Scholar
White, M. (1989) The corporate bankruptcy decision. Journal of Economic Perspectives, 3(2): 129152.Google Scholar