Traditional 401k incentives line up horribly with saving for the future. And if you expect taxes to rise, an unmatched 401k might would be an on balance negative except for the tax free rebalancing you can do.
(In contract disputes, the parties' lawyers will often look for exploitable "security holes" of this kind, i.e., places where the contract's language can plausibly be interpreted in multiple ways and the choice of interpretation affects the outcome of the dispute. A big part of the job of contract drafters and reviewers is to try to spot and eliminate such weaknesses before the contract is signed, but that doesn't always happen.)
Also the recent Maine dispute over the oxford comma kind of made me understand that better.
I came up as a patent attorney; I always found it useful to create defined terms and use them (in initial caps) as needed, in the same vein as defining a variable in software.