March 3, 2014 (PLANSPONSOR.com) – The U.S. Equal Employment Opportunity Commission (EEOC) has filed an age discrimination lawsuit against a utility provider in Memphis, Tennessee.
The suit, which was filed in the U.S. District Court for the
Western District of Tennessee, Western Division, alleges that Memphis Light,
Gas and Water (MLGW) violated the Age Discrimination in Employment Act (ADEA)
when it refused to promote an employee because of his age.
The utility provider allegedly refused to promote Carlos
Phifer to the position of computer operations specialist because of his age,
then 57, according to the suit. Phifer applied for the position, interviewed
for it, and was the most qualified applicant. However, MLGW awarded the position
to a younger, less qualified applicant, according to the suit.
The EEOC is seeking monetary relief in the form
of back pay and liquidated damages on behalf of Phifer, as well as an
injunction against future discrimination by MLGW. According to the EEOC, MLGW
has approximately 2,500 employees and is the nation’s largest three-service
municipal utility.
March
3, 2014 (PLANSPONSOR.com) – The White House proposed budget for 2015, slated
for release March 4, again wants to cap the amount of tax-deferred retirement
contributions.
President Barack Obama again proposes a limit on the value
of all tax deductions, defined contribution exclusions and individual
retirement account (IRA) deductions to 28% of income. The budget also proposes
an overall cap of the amount that could be held in tax-deferred accounts, of
$3.4 million, an amount that would theoretically provide an annual retirement
income of $205,000 using a formula based on current interest rates. The amount
could be lowered if interest rates rise.
Alicia Munnell, director of the Center for Retirement
Research at Boston College, doesn’t like the idea of the cap. “I think it’s
cumbersome,” Munnell tells PLANSPONSOR. “If it’s capped at an amount that would
provide some income, it’s such a negative signal,” she says.
Suggesting that there should be a limit on retirement
savings is counterproductive, Munnell feels. The goal of avoiding
disproportionate savings for those with higher incomes is worthy, but capping
is not the way to achieve that.
“We already have limits on the amount that can go in every
year,” points out Judy Miller, director of Retirement Policy at the American
Society of Pension Professionals and Actuaries (ASPPA). “To have limits on the
amount your investments can earn is just wrong.”
These limits unfairly penalize people who invest well,
Miller tells PLANSPONSOR. She expresses concern that if you remove the
incentive for small-business owners it could result in some plans being shut
down and people losing coverage.
A key point, Miller says, is that the tax
incentive for retirement is a deferral: it is a one-year event, she emphasizes.
“When you have the 28% tax, you’re taxing those things twice,” she says.
“That’s just unfair. It’s horrible tax policy.”
An Upside-Down Benefit?
When Democrats talk about an upside-down tax benefit, Miller
says, it is particularly frustrating to examine the limits on contributions and
benefits, and see that it is more progressive than the progressive tax rate.
“The retirement benefit is actually allocated more favorably to people with
incomes under $50,000,” she says.
Retirement savings is not top heavy, Miller feels. Capital
gains, on the other hand, is an upside-down tax benefit, which
disproportionately benefits a very small percentage of the population.
According to Miller, a scant 2% of the population receives 85% of the capital
gains tax preference.
Munnell says she is sympathetic to the idea of an
upside-down system in need of reform, but she says a credit would be more
effective than a deduction, and could work as an incentive. “If you gave both
rich and poor a credit of 25% they would each get the same incentive per
dollar, and richer people would get more,” she says. “The credit would get rid
of the more-per-dollar distortion.”
The budget also eliminates using the “chained CPI (Consumer
Price Index), created by the Bureau of Labor Statistics as an alternative
consumer price index. Using the chained CPI would reduce the rate of cost of
living increases for Social Security.
Taking the chained CPI out of the budget is positive,
Munnell feels. “Social Security needs to be fixed, and people interested in
fixing it should propose a comprehensive package,” she says. “To toss out a
less-than-palatable option by itself doesn’t seem very constructive.”
ASPPA disapproved of the limits
on contributions in last year’s budget, and, Miller says, there is no
reason for the organization to change its opinion now.