2012
DOI: 10.2139/ssrn.2188932
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Choice Architecture and the Locus of Fiduciary Obligation in Defined Contribution Plans

Abstract: The insights of choice architecture have led to expanded use of default settings in defined contribution (DC) plans in both the United States and Australia. The two countries have taken somewhat similar approaches to the content of default investment products. However, they differ significantly in how they allocate the legal responsibilities associated with those default investment products. This paper compares the two approaches, particularly regarding the role of disclosure and the assignment of fiduciary re… Show more

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Cited by 6 publications
(6 citation statements)
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“…In the USA, 'a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries' (paragraph 404(a)(1) (B) of the Employee Retirement Income Security Act (ERISA)). 18 Muir (2012) points out that the obligation of an Australian plan sponsor with respect to the default fund is limited to the choice of a MySuper product. The financial supervisor bears responsibility for approving the MySuper product while its provider serves as a responsible fiduciary in monitoring the MySuper product.…”
Section: Datamentioning
confidence: 99%
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“…In the USA, 'a fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries' (paragraph 404(a)(1) (B) of the Employee Retirement Income Security Act (ERISA)). 18 Muir (2012) points out that the obligation of an Australian plan sponsor with respect to the default fund is limited to the choice of a MySuper product. The financial supervisor bears responsibility for approving the MySuper product while its provider serves as a responsible fiduciary in monitoring the MySuper product.…”
Section: Datamentioning
confidence: 99%
“…The financial supervisor bears responsibility for approving the MySuper product while its provider serves as a responsible fiduciary in monitoring the MySuper product. Muir (2012) differentiates this Australian 'financial services-based model' of fiduciary obligation from the US 'employer-based model' in which the plan sponsor ultimately remains responsible as a fiduciary for the selection and monitoring of investment options including QDIAs, even if these tasks are delegated to investment advisors. 19 Along these lines, Madrian and Shea (2001) find that a plan design change from opt-in to opt-out (autoenrollment) substantially increased the participation in a 401(k) plan, but the savings outcome was compromised by a low default contribution rate of 3% and a money market default fund.…”
Section: Datamentioning
confidence: 99%
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“…In the rest of the paper, we use an identification strategy that takes advantage of the 9 See, www.ici.org/pdf /rpt 11 dc 401k f ee study.pdf . 10 http://www.law.cornell.edu/uscode/text/29/chapter-18/subchapter-I/subtitle-B/part-4 details ERISA rules, which we cite following Muir (2013).…”
Section: Introductionmentioning
confidence: 99%
“…ERISA rules are given in http://www.law.cornell.edu/uscode, which we cite following Muir (). The U.S. Department of Labor's Employee Benefits Services Administration website includes additional information on fiduciary obligations in DC plans (http://www.dol.gov).…”
mentioning
confidence: 99%