{"title":"How Behavioral Science Ultimately Fails Retirement Savers: A Noble Experiment","authors":"Dana M. Muir","doi":"10.1111/ablj.12150","DOIUrl":null,"url":null,"abstract":"<p>Behavioral scientists boast that their insights have increased savings in 401(k) plans. Evidence shows that careful use of default decision settings and nudges can prevent decisional errors and encourage behavior that aligns with public policy while retaining individual power of choice. Indeed, even the Swedish National Academy of Sciences highlighted the effect of his behavioral science work on retirement savings when it awarded the 2017 Nobel Prize in economics to Professor Richard Thaler. This article shows, though, that, unlike the three plan default settings attributed to behavioral science insights, the default setting that I term automatic retention fails. That failure means too many savers take affirmative actions to move (rollover) assets from their 401(k) plans to individual retirement accounts (IRAs). Primarily because of rollovers, IRAs hold more than 11.5% of U.S. household financial assets. However, usually the decision to roll over is not an optimal choice for the saver. This last mile problem undermines the goal of the first three default settings to help employees build long-term retirement savings. This article examines research on what causes default settings to be slippery, as is the case for automatic retention, instead of sticky, as is the case for the other 401(k) default settings. It then evaluates three categories of potential interventions to mitigate the popularity of rollovers: aggressive regulation, expansion of fiduciary obligation, and use of incremental impeding altering rules. It concludes that adoption of incremental impeding altering rules would be both politically feasible and effective in increasing the stickiness of the automatic retention default setting.</p>","PeriodicalId":54186,"journal":{"name":"American Business Law Journal","volume":"56 4","pages":"707-770"},"PeriodicalIF":1.3000,"publicationDate":"2019-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/ablj.12150","citationCount":"1","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"American Business Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/ablj.12150","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"BUSINESS","Score":null,"Total":0}
引用次数: 1
Abstract
Behavioral scientists boast that their insights have increased savings in 401(k) plans. Evidence shows that careful use of default decision settings and nudges can prevent decisional errors and encourage behavior that aligns with public policy while retaining individual power of choice. Indeed, even the Swedish National Academy of Sciences highlighted the effect of his behavioral science work on retirement savings when it awarded the 2017 Nobel Prize in economics to Professor Richard Thaler. This article shows, though, that, unlike the three plan default settings attributed to behavioral science insights, the default setting that I term automatic retention fails. That failure means too many savers take affirmative actions to move (rollover) assets from their 401(k) plans to individual retirement accounts (IRAs). Primarily because of rollovers, IRAs hold more than 11.5% of U.S. household financial assets. However, usually the decision to roll over is not an optimal choice for the saver. This last mile problem undermines the goal of the first three default settings to help employees build long-term retirement savings. This article examines research on what causes default settings to be slippery, as is the case for automatic retention, instead of sticky, as is the case for the other 401(k) default settings. It then evaluates three categories of potential interventions to mitigate the popularity of rollovers: aggressive regulation, expansion of fiduciary obligation, and use of incremental impeding altering rules. It concludes that adoption of incremental impeding altering rules would be both politically feasible and effective in increasing the stickiness of the automatic retention default setting.
行为科学家夸口说,他们的见解增加了401(k)计划的储蓄。有证据表明,谨慎使用默认决策设置和推动可以防止决策错误,并鼓励与公共政策一致的行为,同时保留个人的选择权。事实上,就连瑞典国家科学院(Swedish National Academy of Sciences)在将2017年诺贝尔经济学奖授予理查德·塞勒(Richard Thaler)教授时,也强调了他的行为科学研究对退休储蓄的影响。然而,本文表明,与归因于行为科学见解的三个计划默认设置不同,我称之为自动保留的默认设置失败了。这种失败意味着太多的储蓄者采取积极行动,将资产从401(k)计划转移到个人退休账户(ira)。ira持有超过11.5%的美国家庭金融资产,这主要是由于资产展期。然而,对于储蓄者来说,通常转款并不是最佳选择。最后一英里的问题破坏了前三个默认设置的目标,即帮助员工建立长期退休储蓄。本文考察了导致默认设置不稳定的原因,即自动保留的情况,而不是像其他401(k)默认设置那样具有粘性的情况。然后,它评估了三类潜在的干预措施,以减轻滚转的普及:积极监管,扩大信托义务,并使用增量阻碍改变规则。它的结论是,采用渐进式阻碍改变规则在政治上是可行的,并且在增加自动保留默认设置的粘性方面是有效的。
期刊介绍:
The ABLJ is a faculty-edited, double blind peer reviewed journal, continuously published since 1963. Our mission is to publish only top quality law review articles that make a scholarly contribution to all areas of law that impact business theory and practice. We search for those articles that articulate a novel research question and make a meaningful contribution directly relevant to scholars and practitioners of business law. The blind peer review process means legal scholars well-versed in the relevant specialty area have determined selected articles are original, thorough, important, and timely. Faculty editors assure the authors’ contribution to scholarship is evident. We aim to elevate legal scholarship and inform responsible business decisions.