Description: The traditional defined-benefit (DB) plan is a type of plan structured to provide the greatest degree of retirement income security, designed to pay out a guaranteed retirement income for the life of the retiree (and, when applicable, a beneficiary). However, over the last several decades, the number of private-sector employees covered under these traditional plans has decreased dramatically and been replaced by defined contribution (DC) plans. In contrast, public-sector retirement plans, which are exempt from ERISA, have seen a much smaller decline in DB plans. There are many differences in the private and public sector that likely contributed to this phenomenon, but ERISA and the many amendments to it has been a major factor.

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.