Public Pension Plan Reform: The Legal Framework

Education, Finance & Policy, Vol. 5, 2010

Minnesota Legal Studies Research No. 10-13

41 Pages Posted: 24 Mar 2010  

Amy Monahan

University of Minnesota - Twin Cities - School of Law

Date Written: March 17, 2010

Abstract

There is significant interest in reforming retirement plans for public school employees, particularly in light of current market conditions. This paper presents an overview of the various types of state regulation of public pension plans that affect possibilities for reform. Nearly all of the various approaches to public pension plan protection taken by the states have significant flaws. These flaws include a lack of clarity regarding what plan changes the relevant legal standard will allow, combined with either too much or too little protection for plan participants. This paper argues that states would be well served to adopt a contractual approach to public pension benefits, but to limit that contractual protection to accrued benefits. This approach is clear, protects legitimate participant interests, and preserves an employer’s ability to respond to changing economic conditions.

Keywords: pension reform, public pensions, state retirement plans

JEL Classification: H72, J26, J32, J33, J45

Suggested Citation

Monahan, Amy, Public Pension Plan Reform: The Legal Framework (March 17, 2010). Education, Finance & Policy, Vol. 5, 2010; Minnesota Legal Studies Research No. 10-13. Available at SSRN: https://ssrn.com/abstract=1573864

Amy Monahan (Contact Author)

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

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