Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-05-15T09:39:54.981Z Has data issue: false hasContentIssue false

7 - Accumulation

from Part III - Content Controls: Pension Plans

Published online by Cambridge University Press:  15 February 2024

Peter J. Wiedenbeck
Affiliation:
Washington University School of Law
Brendan S. Maher
Affiliation:
Texas A&M University School of Law
Get access

Summary

ERISA’s pension plan content controls constrain the terms of most deferred compensation programs in several broad areas. At the outset, the accumulation of pension savings is influenced by rules governing eligibility for plan participation, the rate at which benefits accrue under defined benefit plans, and when benefits vest (become nonforfeitable). To preserve a system of voluntary plan sponsorship, most matters were left unregulated, including the central design issues of a pension plan, namely, the extent of workforce coverage and the level of benefits. Where it chose to regulate, Congress restricted but did not eliminate freedom of contract. Instead of mandating particular plan features, it set minimum standards for certain key terms, leaving sponsors the flexibility to exceed the baseline. Legislative intervention was not directed to ensuring a particular level of retirement income. Instead, reliability is the principle animating ERISA’s pension content controls. The employer may craft the program to cover as many or as few workers as desired, at any benefit level it chooses, but once a pension promise is made, the statute backs it up by restricting plan terms that would undercut the commitment.

Type
Chapter
Information
ERISA Principles , pp. 227 - 262
Publisher: Cambridge University Press
Print publication year: 2024

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.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Accumulation
  • Peter J. Wiedenbeck, Washington University School of Law, Brendan S. Maher, Texas A&M University School of Law
  • Book: ERISA Principles
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781316711507.013
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Accumulation
  • Peter J. Wiedenbeck, Washington University School of Law, Brendan S. Maher, Texas A&M University School of Law
  • Book: ERISA Principles
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781316711507.013
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Accumulation
  • Peter J. Wiedenbeck, Washington University School of Law, Brendan S. Maher, Texas A&M University School of Law
  • Book: ERISA Principles
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781316711507.013
Available formats
×