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Full-Text Articles in Estates and Trusts
Protecting Our Aging Retirees: Converting 401(K) Accounts Into Federally Guaranteed Lifetime Annuities, Lawrence A. Frolik
Protecting Our Aging Retirees: Converting 401(K) Accounts Into Federally Guaranteed Lifetime Annuities, Lawrence A. Frolik
Articles
America’s retirees are faced with a potential financial disaster. Economic security in retirement has long depended on Social Security, private savings and employer provided retirement plans. While much attention has been paid to the financial problems of Social Security and the lack of private saving for retirement, little attention has been paid to an alarming development in employer provided retirement plans: the likely inability of retirees during the long years of their retirement to successfully manage their retirement funds accumulated in 401(k) and similar accounts. We as a society have set up a funding system for retirement that assumes retirees …
Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier
Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier
Law Faculty Articles and Essays
Fiduciary duty principles are central to the protection provided by the Employee Retirement Income Security Act (ERISA or Act). The law is unsettled, however, about whether Congress intended to extend punitive damages, a typical remedy for breach offiduciary duty under the common law, to the applicable ERISA provision. This Note argues that the plain meaning of the ERISA fiduciary duty provision, the legislative history underlying the purposes and policies of the Act, and the availability of punitive damages under analogous law, taken together, support the recovery of punitive damages for a breach of ERISA's fiduciary duty provision.
Report Of Seminar On Estate Planning, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Donald Macdonald, William B. Peden, Cynthia H. Camuel, Williasm S. Dillon, William P. Sturm, J. E. Banahan, John Peter Frank Iii, Edward A. Rothschild, Ronald S. Leventhal, Michael Winston
Report Of Seminar On Estate Planning, Office Of Continuing Legal Education At The University Of Kentucky College Of Law, Donald Macdonald, William B. Peden, Cynthia H. Camuel, Williasm S. Dillon, William P. Sturm, J. E. Banahan, John Peter Frank Iii, Edward A. Rothschild, Ronald S. Leventhal, Michael Winston
Continuing Legal Education Materials
Reports from the UK/CLE Seminar on Estate Planning held July 19-20, 1974.