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Pensions and Legal Policy: Lessons on the Shift from Public to Private [Kõva köide]

(University of Edinburgh, UK)
  • Formaat: Hardback, 248 pages, kõrgus x laius x paksus: 238x162x20 mm, kaal: 520 g
  • Ilmumisaeg: 11-Feb-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509929371
  • ISBN-13: 9781509929375
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  • Formaat: Hardback, 248 pages, kõrgus x laius x paksus: 238x162x20 mm, kaal: 520 g
  • Ilmumisaeg: 11-Feb-2021
  • Kirjastus: Hart Publishing
  • ISBN-10: 1509929371
  • ISBN-13: 9781509929375
"This monograph explores the historical position of pensions law in the UK and the recent influences which have led to the introduction of auto-enrolment and subsequent reforms. Alternative models, such as the US and Australia are also considered as wellas the function of law in bringing about political changes. The question of saving for retirement is of national and international importance and many governments are wrestling with the issue of how to deal with the pension funding crisis. Consequently political policy has, in many cases, combined with behavioural science to inform new laws which have acted to shift the burden from the state into the private sector. Around the world responsibility is being moved onto individuals and employers as the state retreats from provision of state support in retirement; this book offers a sophisticated analysis of the role of legal intervention to facilitate this shift. The book explores the work of behavioural economics, its global influence on understanding financial decision making and its application to legislation which seeks to influence consumer outcomes. Drawing on qualitative empirical research to explore the experience of implementation of Auto-Enrolment, this timely work considers the interaction with the work of behavioural science to highlight the social costs of the new regulatory regime"--

This monograph explores the historical position of pensions law in the UK and the recent influences which have led to the introduction of Auto-Enrolment and subsequent reforms. Alternative models, such as the US and Australia, are also considered as well as the function of law in bringing about political changes.

The question of saving for retirement is of national and international importance and many governments are wrestling with the issue of how to deal with the pension funding crisis. Consequently political policy has, in many cases, combined with behavioural science to inform new laws which have acted to shift the burden from the state into the private sector. Around the world responsibility is being moved onto individuals and employers as the state retreats from provision of state support in retirement; this book offers a sophisticated analysis of the role of legal intervention to facilitate this shift.

The book explores the work of behavioural economics, its global influence on understanding financial decision-making and its application to legislation which seeks to influence consumer outcomes. Drawing on qualitative empirical research to explore the experience of implementation of Auto-Enrolment, this timely work considers the interaction with the work of behavioural science to highlight the social costs of the new regulatory regime.

Muu info

Timely work offering a comparative perspective on the questions of saving for retirement, financial decision making and legal policy with reference specifically to the policy of Auto-Enrolment in the UK.
Table of Cases
xi
1 An Introduction to the Work
1(16)
I Background
1(1)
II Pensions
2(2)
A Public Sector Pensions
2(1)
B Private Pensions: Occupational Pension Schemes
3(1)
III Key Policy Considerations
4(1)
IV The Road to Auto-Enrolment: The Rise and Fall of Voluntary Private Pensions
5(5)
V The Road to Auto-Enrolment: The Pensions Commission
10(4)
VI Lessons from Abroad
14(2)
VII Conclusion
16(1)
2 Introduction of Auto-Enrolment to the UK
17(22)
I Auto-Enrolment and Parliamentary Intent
17(5)
A Increase Saving by Default
17(1)
B Prevent a Reduction in Existing Pension Benefits or Levelling Down
18(1)
C Education of the Workforce
19(2)
D Private Pension Saving Compatible with State Benefits
21(1)
II Legislative Reality
22(6)
III Post Implementation Legislative Changes
28(10)
A Value
29(1)
B Costs and Charges
30(3)
C Scheme Governance
33(2)
D Master Trusts
35(1)
E Taking Pension Benefits
36(2)
IV Conclusion
38(1)
3 Legal Paternalism and the Auto-Enrolment Regime
39(25)
I Introduction
39(1)
II Autonomy v Law
40(1)
III Legal Paternalism
41(7)
A The Rise of Paternalistic Legislation
45(3)
IV Soft Paternalism or Nudge
48(2)
V Paternalism and Contracts
50(5)
VI Intention of Legal Intervention
55(3)
VII Proof and Value Measurement
58(4)
VIII Conclusion
62(2)
4 The Role of Behavioural Economics in Legal Intervention
64(28)
I Introduction
64(1)
II Behavioural Economics
65(5)
A Inertia and Procrastination
66(1)
B Framing and Presentation
67(1)
C Social Influences
68(1)
D Difficulties in Assessing Probability
69(1)
III The Influence of Behavioural Economics on Law and Policy
70(2)
IV Regulatory Intervention and Choice Architecture
72(7)
A Policy of Legal Paternalism
73(1)
B Choice Architects
74(3)
C Alternatives to Soft Paternalism/Choice Architecture
77(2)
V Auto-Enrolment as Choice Architecture
79(11)
A Auto-Enrolment
79(1)
B Opting-out
80(1)
C Defaults
81(3)
D Auto-Enrolment and Behavioural Bias
84(4)
E Framing and Disclosure
88(2)
VI Conclusion
90(2)
5 Empirical Research Findings
92(47)
I Introduction to the Research
92(2)
II Research Design and Methodology
94(2)
III Findings
96(35)
A Action
98(4)
B Barriers to Decisions
102(7)
C Intervention and Implementation
109(6)
D Engagement and Understanding
115(15)
E Trust
130(1)
IV Conclusion
131(8)
A Choice and Defaults
131(2)
B Understanding
133(1)
C Information
134(1)
D Individual Perception of Auto-Enrolment
135(1)
E The Employee/Employer Relationship and Auto-Enrolment
136(1)
F Impact of Gender and Age
137(1)
G Negative or Unforeseen Consequences of Auto-Enrolment
137(2)
6 Unintended Consequences: Remedies
139(40)
I Introduction
139(1)
II Fiduciary Duties Owed to Employees
140(13)
A When Do Fiduciary Obligations Exist?
141(10)
B The Consequences of Fiduciary Obligations
151(2)
III Duties Owed by the Employer as an Agent
153(6)
A The Agency Relationship
155(2)
B Consequences of Agency
157(2)
IV Duties Arising from the Contract of Employment
159(14)
A Implied Terms
161(10)
B Auto-Enrolment Compliance and the Contract of Employment
171(2)
V Duties Owed to the Employee by the Pension Provider or Advisors
173(3)
A Provision of Advice
173(1)
B Misunderstandings and Mis-statements
173(1)
C Third Party Liability
174(1)
D Reliance on Financial Regulation
175(1)
VI Conclusion
176(3)
7 Conclusion
179(14)
I Why Do We Have Auto-Enrolment?
179(1)
A The Ageing Population
179(1)
B Combat Behavioural Traits
179(1)
II Choice Architecture and Justification
180(4)
A Intervention not Persuasion
180(2)
B Behavioural Economics
182(2)
III Has Legislative and Practical Implementation Reflected the Policy Intention?
184(4)
A Defaults
185(1)
B Employer Discretion
185(1)
C Communication and Active Choice
186(2)
IV Are There Unforeseen or Unintended Consequences and How Do These Affect Justification for Legal Intervention?
188(5)
A Barriers and Misunderstandings
188(1)
B Reliance on Defaults
188(2)
C Advice
190(1)
D Detriment and Responsibility
191(1)
E Social Costs and Remedies
191(2)
Bibliography 193(8)
Index 201
Amanda Cooke is a pensions lawyer and Guest Lecturer at the University of Edinburgh Law School, UK.