Skip to main content

Here are some of the latest reports, surveys, and studies related to retirement, including research into state-mandated IRAs; early retirement and statin use.

In recent years, a number of states have sought to close the retirement savings funding gap by enacting legislation mandating that employers that do not sponsor a voluntary pension plan for their employees automatically enroll their employees in a state-administered IRA program.

This article, titled State Automatic Enrollment IRAs After the Trump Election: Are They Preempted by ERISA?, focuses on the most serious legal challenge these programs face: ERISA preemption. The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry to provide protection for individuals in these plans.

The article begins by providing an overview of the state automatic enrollment IRA programs. It then discusses a regulatory safe harbor that was created for these programs in 2016 and disapproved under the Congressional Review Act in 2018. It then turns to the question whether, in the absence of the safe harbor, state automatic enrollment IRAs are preempted by ERISA. In addressing this question, it considers two subsidiary issues: (1) whether state automatic enrollment IRA programs are employee benefit plans for purposes of ERISA and thus preempted by ERISA, and (2) even if state automatic enrollment IRA programs are not employee benefit plans for purposes of ERISA, whether the state laws creating these programs nevertheless relate to other employee benefit plans so as to be preempted by ERISA. Finally, the article briefly considers the merits of two complaints that have been filed challenging sate automatic enrollment IRA programs. Read more in SSRN: State Automatic Enrollment IRAs After the Trump Election: Are They Preempted by ERISA?

Center for Retirement Research at Boston College: Retiring Earlier than Planned: What Matters Most?

Public Library of Science: Living arrangements and disability-free life expectancy in the United States

Lancet Article: Efficacy and safety of statin therapy in older people: a meta-analysis of individual participant data from 28 randomised controlled trials

U.S. Senate Special Committee on Aging: Financial Security in Retirement: Innovations and Best Practices to Promote Savings

Institute for Fiscal Studies: Survival pessimism and the demand for annuities

National Bureau of Economic Research: Do Immigrants Delay Retirement and Social Security Claiming? and The Costs and Benefits of Caring: Aggregate Burdens of an Aging Population

SSRN: Late Career Job Loss and the Decision to Retire

Employee Benefit Research Institute: How Much Would It Take? Achieving Retirement Income Equivalency Between Final-Average-Pay Defined Benefit Plan Accruals and Automatic Enrollment 401(k) Plans in the Private Sector

Center for Retirement Research at Boston College: How Does Contingent Work Affect SSDI Benefits?

Center for Health Care Strategies: Using Health Homes to Integrate Care for Dually Eligible Individuals: Washington State's Experiences

Brookings Institution: Working longer policies: Framing the issues; Enhancing work incentives for older workers: Social Security and Medicare proposals to reduce work disincentives; and Proposals to keep older people in the labor force

Urban Institute: Slow Growth in Medicare and Medicaid Spending per Enrollee Has Implications for Policy Debates

Institute for the Study of Labor: Ageing and Skills: The Case of Literacy Skills

National Bureau of Economic Research: Understanding the Correlation between Alzheimer's Disease Polygenic Risk, Wealth, and the Composition of Wealth Holdings

SSRN: How Well Can Medicare Records Identify Seniors with Cognitive Impairment Needing Assistance with Financial Management?

SSRN: Addressing Social Security's Solvency While Promoting High Labor Force Participation

SSRN: The F-Utility of Wealth: It's All Relative

SSRN: Retirement and Socioeconomic Characteristics of Aged Veterans: Differences by Education and Race/Ethnicity

SSRN: Glide Paths Based on a Retirement Goal and Depleting Human Capital

Got questions about the new tax law, Social Security, retirement, investments, or money in general? Want to be considered for a Money Makeover? Email Robert.Powell@TheStreet.com.

Here are some of the latest reports, surveys, and studies related to retirement, including research into state-mandated IRAs; early retirement and statin use.

In recent years, a number of states have sought to close the retirement savings funding gap by enacting legislation mandating that employers that do not sponsor a voluntary pension plan for their employees automatically enroll their employees in a state-administered IRA program.

Member Exclusive

Get Access to Our Exclusive Content