Описание: This is a topical area for the courts, which have moved to imply various limitations or tests on decision makers powers and when they can be challenged. This is made more difficult for lay users and lawyers alike in that implied restrictions are (by definition) not apparent from the words of the relevant contract itself. These limits are applied by the courts not just to fiduciaries (such as trustees or directors), but also to non-fiduciaries (eg banks and employers).Recent case law includes:· Pitt v Holt (SC) – trustee decisions (2013)· Braganza (SC) – contractual discretions (2015)· Eclairs (SC) – directors powers: proper purposes (2015)· IBM UK Holdings v Dalgleish (CA) – employer powers under pension plans (2017)· British Airways (CA)– pension plan – proper purposes (2018)The book reviews the relevant doctrines of:· Interpretation rules· Proper purposes;· Due consideration of relevant factors· Full perversity (no reasonable decision maker)
Автор: Morris, Nicholas (university Of Oxford, Uk) Название: Management and regulation of pension schemes ISBN: 1138287792 ISBN-13(EAN): 9781138287792 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Perhaps the greatest long-term challenge facing modern economies is how to pay for the living expenses and care costs of the elderly. Following policy decisions made in Australia in the 1990s, a substantial part of the pension requirements of the next cohort of retirees will be met from savings accumulated during working years. The effective management of these savings is crucial. If they are invested wisely, the assets available to fund pensions and care will grow; if not, available funds may turn out to be insufficient. Unfortunately, there is considerable evidence worldwide that the management of funds attracts rent-seeking behaviour by the financial services industry which erodes much of the potential return.
Australia introduced compulsory superannuation contributions for its working population in 1991, leading to a proliferation of funded schemes that are largely run by the private sector. Complexity, and many degrees of separation between fund members and those who manage their funds, have emerged as serious problems. Combined with weak competitive pressures and governance systems, and insufficient legal and regulatory constraints, the result is a system that does not serve its members well.
This book provides a detailed evaluation of the Australian experience, highlights the extent to which the financial services industry has extracted rents from Australian pensioners, and how and why this occurred. Based on original empirical research, and examination of industry reviews and relevant literature, the book demonstrates the numerous principal-agent, conflict of interest and rent extraction problems that have emerged in Australia. The book makes suggestions for how these problems can be addressed in Australia, and also provides lessons for other countries wishing to enact pension reform.
Название: European Disability Pension Policies ISBN: 1138726532 ISBN-13(EAN): 9781138726536 Издательство: Taylor&Francis Рейтинг: Цена: 5051.00 р. Наличие на складе: Поставка под заказ.
Описание: This title was first published in 2003. During the last twenty years, the longer-term sustainability of social insurance systems has become a major issue in all European countries. This book analyses and compares the often controversial disability benefit policies in eleven European countries, examining their rationale, impact and outcome, and the direction of reform in the future.
Over the past two decades, China has rapidly increased its spending on its public pension programs, to the point that pension funding is one of the government's largest expenditures. Despite this, only about fifty million citizens—one-third of the country's population above the age of sixty—receive pensions. Combined with the growing and increasingly violent unrest over inequalities brought about by China's reform model, the escalating costs of an aging society have brought the Chinese political leadership to a critical juncture in its economic and social policies.
In Socialist Insecurity, Mark W. Frazier explores pension policy in the People's Republic of China, arguing that the government's push to expand pension and health insurance coverage to urban residents and rural migrants has not reduced, but rather reproduced, economic inequalities. He explains this apparent paradox by analyzing the decisions of the political actors responsible for pension reform: urban officials and state-owned enterprise managers. Frazier shows that China's highly decentralized pension administration both encourages the "grabbing hand" of local officials to collect large amounts of pension and other social insurance revenue and compels redistribution of these revenues to urban pensioners, a crucial political constituency.
More broadly, Socialist Insecurity shows that the inequalities of welfare policy put China in the same quandary as other large uneven developers—countries that have succeeded in achieving rapid growth but with growing economic inequalities. While most explanations of the formation and expansion of welfare states are derived from experience in today's mature welfare systems, developing countries such as China, Frazier argues, provide new terrain to explore how welfare programs evolve, who drives the process, and who sees the greatest benefit.
This monograph explores the historical position of pensions law in the UK and the recent influences which have led to the introduction of Auto-Enrolment and subsequent reforms. Alternative models, such as the US and Australia are also considered as well as the function of law in bringing about political changes.
The question of saving for retirement is of national and international importance and many governments are wrestling with the issue of how to deal with the pension funding crisis. Consequently political policy has, in many cases, combined with behavioural science to inform new laws which have acted to shift the burden from the state into the private sector. Around the world responsibility is being moved onto individuals and employers as the state retreats from provision of state support in retirement; this book offers a sophisticated analysis of the role of legal intervention to facilitate this shift.
The book explores the work of behavioural economics, its global influence on understanding financial decision making and its application to legislation which seeks to influence consumer outcomes. Drawing on qualitative empirical research to explore the experience of implementation of Auto-Enrolment, this timely work considers the interaction with the work of behavioural science to highlight the social costs of the new regulatory regime.
Автор: Mackenzie Название: The Decline of the Traditional Pension ISBN: 1107507324 ISBN-13(EAN): 9781107507326 Издательство: Cambridge Academ Рейтинг: Цена: 4909.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Many employers in the industrial countries used to provide retiring employees with a pension payable for life based on years worked and salary. This book studies developments in ten countries to explain why the importance of the traditional pension has diminished and proposes remedies to bolster retirement security.
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