Thesis (Ph.D.)--State University of New York at Albany, 2007. / Includes bibliographical references.

Thesis (Ph.D.) - Carleton University, 2005. / Includes bibliographical references (p. 241-249). Also available in electronic format on the Internet.

Concerns about population ageing have been central to reforms of pensions policy and social care policy in the UK over recent decades. However, policy responses to these social problems are in tension, as individuals have been expected to take greater responsibility for both pension saving and provision of care, even when care involves a reduction in earnings and savings. While the pension system protects carers’ state pensions, little attention has been paid to their non-state pensions. This thesis therefore explores the attitudes and beliefs carers hold regarding pensions, and the effect of caring on pensions planning, particularly planning a non-state pension. It focuses on the assumptions made about agency and decision-making contained within social policy. Semi-structured interviews were held with those aged 35-64 who were providing 20 hours of care or more a week in the Thames Valley and Greater London. Almost all of the carers reported disruption to their private pension savings as their employment was impacted by caring. Few felt able to make a choice regarding either caring or employment. Caring also affected the importance many attached to saving, although there was no uniform effect on decision-making. Some carers became more reflexive, attempting to take more control in response to the uncertainty in their lives; others felt powerless due to this uncertainty and limited financial resources. The study provided support for the theory of an ethic of care, which suggests individuals make decisions based on relationships rather than calculations of expected outcomes. The findings challenge the assumptions made in pensions policy. Carers were classed in four categories of approach to pensions savings: reflexive planners, non-reflexive planners, reflexive non-planners and non-reflexive non-planners. A range of financial and social resources corresponding to Bourdieu’s habitus and economic and cultural capital was required for carers to act as reflexive planners.

Une théorie juridique sur les fonds de pension à partir d'une approche franco-brésilienne, tel est l'objet de notre recherche. Premièrement nous proposons l'étude d'un dialogue entre les systèmes juridiques français et brésilien en matière de retraites de base de la sécurité sociale. Il faut conceptualiser en premier lieu la notion de sécurité sociale et délimiter l'objet qui sera complété par les fonds de pension. Existent-ils et quels seraient-ils les axes communs entre les deux pays en relation aux notions juridiques des régimes de retraite de base ? Dans un second temps, nous envisagerons de formuler une théorie juridique générale des fonds de pension. Nous constatons que le lieu et la nature de ces entités de retraite sont peu précisés par la doctrine des deux pays. Où ces organismes de retraite doivent-ils agir et quel est de fait le besoin devant être protégé ? Nous formulons des principes universels. La notion de « relation juridique de retraite privée» autonome par rapport à d'autres relations, est-elle envisageable ? Deux questions principales nécessitent des réponses. Les fonds de pension sont-ils des éléments de l'ordre public économique ou de l'ordre public social ? En d'autres mots, ces organismes ont-ils une nature juridique économique ou sociale ? De plus, il convient de déterminer si les fonds de pension sont vraiment des éléments de sécurité sociale et si l'ensemble de leurs principes lui sont applicables. La complexité du sujet des fonds de pension et de leur conception juridique démontre l'intérêt de l'objet de notre recherche. Leur problématisation et la recherche de réponses nous amènent à un univers encore peu étudié par la doctrine juridique. / The subject matter of our research is a legal theory on the pension fonds from a French-Brazilian approach. Firstly, we propose the study of a dialogue between the Brazilian and the French legal systems on the base social security retirement. It is necessary in the first place to conceptualize the notion of social security and delineate the materiality of what is supposed to be completed by the pension fonds. Are there, and what would be the common axis between the two countries regarding the legal notions of the base retirement regimes? Secondly, we envisage formulating a general legal theory on pension fonds. We notice that the place and the nature of such retirement entities are scarcely treated by the two countries literature. Where these pension organisms should act and what is in fact the need that must be protected? We formulate universal principles. The notion of autonomous "private pension legal relationship" vis-à-vis of other relationships is it envisaged? Two main questions require responses. Are the pension fonds elements of economic public order or elements of social public order? In other words, do these organisms have an economic legal nature or a social nature? In addition, it is important to determine whether the pension fonds are really social security elements and if the ensemble of their principles are applicable to them. The complexity of the pension fonds topic oftheir legal conception shows the interesting character of the subject matter of our research. Challenging them and searching for responses bring us to a universe still scarcely studied by the legal literature.

This thesis examines stabilizing mechanisms in social security retirement systems (“SSRS”), especially those purporting to be automatic balancing mechanisms (“ABM”). It develops a consistent approach to identifying whether an ABM is robust, partial or transitory and establishes a terminology to classify balancing mechanisms. Both financial and equitable balances are considered in assessing whether an ABM achieves balance. Families of definitions of equity are presented and a benchmark by which to measure equitable balance is defined and applied. The balancing mechanisms of Canada, Germany, Japan and Sweden are described, evaluated and classified. None of these mechanisms are found to be robust. This thesis provides a critical analysis of an approach referred to as integration to financial markets and the approach is found to be deficient. In analyzing the Swedish SSRS a critical error in the way assets are calculated is identified and a suitable correction is proposed. A further weakness in the application of the Swedish ABM is identified that means that once an imbalance occurs, balance is unlikely to be restored. The thesis also discusses some of the unusual characteristics of the steady-state contribution rate calculation for the Canadian SSRS and shows that although it has limited application and does not appear to depend on any actuarial principle, the steady-state contribution rate calculation creates a tension between the near and distant future, which is a factor in achieving financial balance over a seventy-five year horizon. With respect to the balancing mechanism in the Canadian SSRS, the thesis proposes a change in how the mechanism is defined so that the mechanism would be robust, within certain ranges.

This thesis examines stabilizing mechanisms in social security retirement systems (“SSRS”), especially those purporting to be automatic balancing mechanisms (“ABM”). It develops a consistent approach to identifying whether an ABM is robust, partial or transitory and establishes a terminology to classify balancing mechanisms. Both financial and equitable balances are considered in assessing whether an ABM achieves balance. Families of definitions of equity are presented and a benchmark by which to measure equitable balance is defined and applied. The balancing mechanisms of Canada, Germany, Japan and Sweden are described, evaluated and classified. None of these mechanisms are found to be robust. This thesis provides a critical analysis of an approach referred to as integration to financial markets and the approach is found to be deficient. In analyzing the Swedish SSRS a critical error in the way assets are calculated is identified and a suitable correction is proposed. A further weakness in the application of the Swedish ABM is identified that means that once an imbalance occurs, balance is unlikely to be restored. The thesis also discusses some of the unusual characteristics of the steady-state contribution rate calculation for the Canadian SSRS and shows that although it has limited application and does not appear to depend on any actuarial principle, the steady-state contribution rate calculation creates a tension between the near and distant future, which is a factor in achieving financial balance over a seventy-five year horizon. With respect to the balancing mechanism in the Canadian SSRS, the thesis proposes a change in how the mechanism is defined so that the mechanism would be robust, within certain ranges.