This article discusses recent trends in occupational pension policy and identifies the rise of a second policy wave directed towards greater individualisation in occupational pension plans. It is clear that, at a global level, governments and regulatory offices are promoting the so-called third pillar as a valuable pension option and that freedom of choice of the individual is a key element in this process. This individualisation reflects the decreasing involvement of employers in occupational plans and the increasing attentiveness of governments towards individual retirement schemes. We ask whether the so-called first and third pillar are pushing the second pillar away and whether there is a silent pension pillar implosion. In the article, we describe and analyse recent legislative and regulatory initiatives in six European countries to locate the individualisation process. We also propose a new paradigm for pension policy makers in which the so-called pension pillars are abandoned and replaced by an integrated pension vision leading to a balanced target income in retirement. In this integrated vision, there is a legal link between all forms of pension in a given country. This link is reflected in social and fiscal law.
‘At first glance, it may seem incongruous to talk of private pensions in terms of equity. We do not for example, question whether champagne consumption is fairly distributed.’ This paper is about the debate on occupational pensions in continental Europe. Instead of looking at the financial issues, it looks at the elements of social protection and solidarity within occupational pensions. Occupational pensions are of increasing importance for continental European society. This is indicated by a so-called ‘new pension order’ that is predominantly influenced by the Anglo-Saxon vision of pensions. However, much of the ongoing (legal) debate on pension reform deals with elements such as fairness and redistribution.
Worldwide pension funds, in their capacity as large institutional investors, are under increasing pressure to take social and environmental considerations into account in their investment decision-making process. The concepts Socially Responsible Investment (SRI) and Environmental Social Governance (ESG) are indeed ubiquitous in the current investment and pension community. This article aims to provide some insight into the conceptual relationship between SRI and ESG and its legal implications for the investment behaviour of private pension funds in the USA and the EU. Hence, the first part of the article gives some background to the distinct concepts of SRI and ESG. This leads to the finding that SRI goes one step further than ESG by prioritising moral or ethical considerations that may not be material to an investment’s financial performance, whereas ESG functions as a guideline to enhance financial performance. The second part analyses the legal possibilities and constraints for responsible investment in American occupational pensions and the third part does the same for European occupational pensions. The article concludes with a summary and comparative overview of the American and European lessons.
Occupational pension plans help people to maintain their living standards after retirement. This article looks at differences in the design of occupational pensions in Belgium and the USA, and more specifically, at early access. The article shows that different cultural backgrounds influence occupational pension systems. Occupational pension plans are intended to provide retirement income, and assets should therefore not be used for non-retirement purposes such as holidays Credit card debts. However, both Belgium and the USA provide mechanisms for early access. In Belgium, early access to an occupational pension plan is, in principle, prohibited. The only exception is for the purchase of real estate since this fits within the Belgian pension philosophy that retirees should not have to spend any of their retirement income on rent. It is culturally established that pensions and house ownership are inter-connected. In the USA, early access is not prohibited but it is often discouraged. Leakages from occupational pension plans must be limited, but some flexibility needs to remain. Since participation in occupational pension plans ought to be encouraged, (too many) restrictions on access may discourage individuals from making contributions to those plans. This is the reason why there is greater flexibility towards early take up in the American private pension system.
Both the United States of America and Belgium attach great importance to communication duties in occupational pensions. Several legal sources in both countries provide the right to be informed to participants. The legislation in both countries seeks to ensure accurate, correct, transparent and understandable communication. Despite this resemblance, there are some differences in communication. The countries can learn from one another. Based on a theoretical framework developed in and for the European Union, the communication rights and duties in the USA and Belgium are analysed. This analysis leads to a better understanding of the different legal responsibilities, transparency rules, simplification efforts and technical correctness of the types of occupational pension information analyzed.
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