Pension Reform: What Can the United States and Australia Learn from Each Other? by Jon Forman Alfred P. Murrah Professor of Law University of Oklahoma Sixth Annual Labor and Employment Law Colloquium Los Angeles, California September 16, 2011 Outline Life Cycle Model Social Security/ Age Pension Private Pension/ Superannuation Supplemental Savings 2 People are Living Longer: Americans Year 1960 2000 2040 2080 Life expectancy at birth Life expectancy at age 65 Men 66.7 74.0 79.0 82.4 Men 12.9 15.9 18.8 20.8 Women 73.2 79.4 82.6 85.6 Women 15.9 19.0 20.9 22.8 3 But People Are Retiring Earlier: Percentage of Workers Electing Social Security Benefits at Various Ages Year Age 62 1965 1975 1985 1995 2004 23.0 35.7 57.2 58.3 57.5 Ages Age 65 63-64 17.7 23.4 24.5 31.1 21.1 17.7 19.5 16.3 19.0 18.6 Ages 66+ 35.9 8.7 4.0 6.0 4.8 Average age 65.9 63.9 63.6 63.6 63.7 4 U.S. Life Expectancies at Birth versus Social Security Full Retirement Age 90 85 80 Age 75 70 65 60 Life expectancy at birth, females 55 50 45 40 1900 Life expectancy at birth, males Full retirement age for people born that year 1940 1980 Year of birth 2020 2060 5 Stages of the Simple Economic Life Cycle Income $ Consumption Birth Age 20-25 Age 60-65 Death 6 U.S. Social Security Social Security taxes Workers pay 6.2% of their earnings for Social Security, and 1.45% of their earnings for Hospital Insurance under Medicare (Part A) Employers pay an equal amount The total is 12.4% for Social Security and 2.9% for HI 20011 tax base is $106,800 in 2011 Social Security Administration, 2009 Social Security Changes, http://www.socialsecurity.gov/OACT/COLA/cbb.html. 7 Worker Benefits Workers over 62 are eligible If they have worked 10 years Benefits are based on a workers earnings history Career-average earnings Average Indexed Monthly Earnings (AIME) 8 Replacement Rates for Retired Worker Age 65, 2011 $120,000 $100,000 $80,000 $106,800 Past Wages Benefits $70,000 $60,000 $41,800 $40,000 $20,000 $0 $18,800 55% $10,400 "Low" Board of Trustees, 2011: Table VI.F10. 41% $17,100 "Medium" 34% $22,700 "High" Earnings Level 25% $27,000 "Maximum taxable" 90% of people 65 and older get Social Security. Nearly 2 in 3 (64%) get half or more of their income from Social Security. About 1 in 3 get almost all (90% or more) of their income from Social Security. SSA, 2010a: Table 9.A1. 10 Medium Earner’s Replacement Rate at 65 After Medicare Parts B and D Premiums Percent of Prior Earnings 45 40 39% 37% 35 32% 30 25 20 15 10 5 0 2005 Ruffing and Van de Water, 2011. 2010 2030 11 The Australian Age Pension funded from general revenues 2011, a maximum of $670.90 every fortnight for singles and $1,011.40 for couples The single benefit is designed to provide about 25% of average male earnings Benefits are reduced by both an asset test and an income test 12 Two Basic Types of Pensions Defined benefit plans Defined contribution plans 13 What is a Defined Benefit Plan? Employer promises employees a specific benefit at retirement To provide that benefit, the employer makes payments into a trust fund and makes withdrawals from the trust fund Employer contributions are based on actuarial valuations 14 Defined Benefit Plan Employer bears all of the investment risks and responsibilities Typical plan provides each worker with a specific annual retirement benefit that is tied to the worker’s final average pay and number of years of service 15 Defined Benefit Plan For example, a plan might provide that a worker’s annual retirement benefit is equal to 2% times years of service, times final average pay B = 2% × yos × fap Final-average-pay formula 16 Defined Benefit Plan Worker with 30 years of service would receive 60 percent of her preretirement earnings Worker earning $50,000 would get $30,000-a-year pension B = $30,000 = 60% × $50,000 = 60% × fap = 2 percent × 30 yos × $50,000 fap 17 What is a Defined Contribution Plan? Individual account plan Employer typically contributes a specified percentage of the worker’s pay to an individual investment account for the worker Owned by employee Benefits based on contributions and investment earnings 18 Defined Contribution Plans: How Individual Retirement Savings Accounts Work CONTRIBUTIONS FUND BENEFITS EARNINGS 19 Defined Contribution Plan For example, employer might contribute 10% of annual pay Under such a plan, a worker who earned $30,000 in a given year would have $3,000 contributed to her account $3,000 = 10% × $30,000 Benefit at retirement based on contributions, plus earnings 20 Australia: A Universal Pension 1986—industrial agreements for 3 percent of payroll contributions 1992/1993—superannuation guarantee legislation, mandating 3 percent contributions to individual retirement accounts Higher levels phased in, reaching 9 percent in 2002/2003 21 Tax Treatment of a Typical Individual Account in Australia – tte 15% TAX (payable by the fund) CONTRIBUTIONS 15% TAX FUND ZERO TAX (from age 60) BENEFITS EARNINGS 22 IMPROVING NATIONAL SAVINGS AND SUPERANNUATION ADEQUACY The Government will increase the superannuation guarantee (SG) rate from 9 to 12 per cent over time. 23 Superannuation GOVERNMENT CONTRIBUTIONS FOR LOW INCOME EARNERS A new superannuation contribution of up to $500 will be provided by the Government for workers with income up to $37,000. CATCH-UP CONTRIBUTIONS FOR OLDER WORKERS The Government will allow individuals aged 50 and over with total superannuation balances below $500,000 to make up to $50,000 in concessional superannuation contributions. 24 Most elderly don’t receive pensions in the U.S. Percent with Employer-Sponsored Pensions All age 65+ Couples Unmarried men Unmarried women Social Security Finances: A Primer , at 10. 41% 51% 42% 34% 25 Tax Treatment of a Typical Individual Account in the U.S. – eet ZERO TAX CONTRIBUTIONS ZERO TAX TAX FUND BENEFITS EARNINGS 26 Tax Treatment of a Roth Individual Account in the U.S. – tee TAX CONTRIBUTIONS ZERO TAX FUND ZERO TAX BENEFITS EARNINGS 27 Goals for a Pension Plan First, ensure that every employee earns a meaningful retirement benefit and that long-time employees are guaranteed an adequate income throughout their retirement years Second, have a minimum of work disincentives for employees coming in and out of service Third, be affordable and well-financed 28 Optimal Policies for Maximizing Retirement Income Contributions Accumulation Pay-out (Decumulation) 29 Contributions Voluntary v. Mandatory Encourage Saving More Tax incentives? Limits? Defaults 30 Accumulation Fiduciary Duties Diversification and Investments Fees 31 Pay-out (decumulation) Encourage working longer Encourage saving more Encourage life-time income options Targeted Withdrawals Annuities 32 Preretirement Earnings Replacement Rates, 2011 Source of replacement rate income Low earners’ replacement rate Social Security 55.2 High earners’ replacement rate 33.9 Replacement rate needed from other sources to achieve 75 percent replacement rate 19.8 41.1 33 Source: http://www.gao.gov/new.items/d11400.pdf. 34 https://guidance.fidelity.com/living-in-retirement/annual-portfolio-withdrawals?ref_ls=lr3007. 35 Source: http://www.gao.gov/new.items/d11400.pdf. 36 Policy Options Encourage sponsors to offer a default annuity Require Sponsors to Provide an Estimate of Lifetime Annuity Income on Benefit Statements Improve Individuals’ Understanding about Retirement Income 37 About the Author Jonathan Barry Forman (“Jon”) is the Alfred P. Murrah Professor of Law at the University of Oklahoma College of Law, teaching tax and pension law and the author of Making America Work (Washington, DC: Urban Institute Press, 2006). He was the Professor in Residence at the Internal Revenue Service Office of Chief Counsel for the 2009-2010 academic year. Jon can be reached at jforman@ou.edu; www.law.ou.edu/faculty/forman.shtml. 38