Description: The 2020 ERISA Advisory Council of the Department of Labor had a project on Considerations for Recognizing and Addressing Participants with Diminished Capacity. I delivered testimony to the ERSIA Advisory Council on this topic in September 2020. This article summarizes some key points from the testimony and also offers ideas for how employers can help employees and retirees deal with these issues. There are two different audiences that employers deal with as a result of diminished capacity – the individuals whose capacity is diminished, and those who help them.

Description: This essay explores the role that the emerging defined contribution retirement system may be playing in the growth of wealth inequality in the United States. The current system leaves many Americans with little or no retirement savings. Those with higher accumulation levels appear to invest proportionally more in equities, which may have an exponential effect of balances over long time periods. The author hypothesizes that willingness to take investment risk involves the relationship between the amount an investor has accumulated and what she/he needs in order to cover basic costs of living. This is one reason that investors with greater accumulation levels may be able to earn higher rates of return. The essay concludes by suggesting that the U.S. defined contribution system should include all workers and provide additional fiduciary guidance. Examples reforms, both in the U.S. and other countries, are provided.