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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
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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.

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

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  • 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
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  • 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
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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
×