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Retirement Security Law Commons

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Articles 1 - 12 of 12

Full-Text Articles in Retirement Security Law

Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris Jan 2010

Erisa & Uncertainty, Brendan S. Maher, Peter K. Stris

Washington University Law Review

In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many health care and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly tailored proposals to amend the statute. This occurs because of the widely held view that reform should leave undisturbed the underlying core of the statute. This Article develops a theory of ERISA designed to illustrate the unavoidable need for structural reform.


Sacrificing Patients For Profits: Physician Incentives To Limit Care And Erisa Fiduciary Duty, Andrea K. Marsh Jan 1999

Sacrificing Patients For Profits: Physician Incentives To Limit Care And Erisa Fiduciary Duty, Andrea K. Marsh

Washington University Law Review

No abstract provided.


Woo V. Deluxe Corporation: The Eighth Circuit Adopts The “Sliding Scale” Standard Of Review When A Conflicted Plan Administrator Denies Erisa-Protected Benefits, Kirill Y. Abramov Jan 1999

Woo V. Deluxe Corporation: The Eighth Circuit Adopts The “Sliding Scale” Standard Of Review When A Conflicted Plan Administrator Denies Erisa-Protected Benefits, Kirill Y. Abramov

Washington University Law Review

No abstract provided.


Erisa's Curious Coverage, Peter J. Wiedenbeck Jan 1998

Erisa's Curious Coverage, Peter J. Wiedenbeck

Washington University Law Review

The regulation of employee benefits entails a delicate balance—measures intended to improve the quality of health insurance or retirement programs, if taken too far, deter some employers from providing such benefits at all. Because the availability of benefits depends on employer decisionmaking, ERISA necessarily incorporates cost containment and the preservation of employer flexibility. This article examines the fit between ERISA’s policy goals and existing interpretations of ERISA's reach. It shows that although the statute's anti-abuse and protective policies have been influential in defining the scope and extent of benefit plan regulation, neither is pursued with single-minded ...


Closing The Gap: Safeguarding Participants' Rights By Expanding The Federal Common Law Of Erisa, Jayne Elizabeth Zanglein Jan 1994

Closing The Gap: Safeguarding Participants' Rights By Expanding The Federal Common Law Of Erisa, Jayne Elizabeth Zanglein

Washington University Law Review

This Article will explore the current boundaries of the federal common law of ERISA and will urge the expansion of these boundaries to protect plan participants who have been betrayed without a remedy.


Erisa And The Language Of Preemption, Jay Conison Jan 1994

Erisa And The Language Of Preemption, Jay Conison

Washington University Law Review

This Article has two aims: first, to show that there is indeed little to guide courts in interpreting section 514(a), and second, to show that despite this lack of guidance, courts can still apply the provision rationally.


Implementing Erisa: Of Policies And “Plans”, Peter J. Wiedenbeck Jan 1994

Implementing Erisa: Of Policies And “Plans”, Peter J. Wiedenbeck

Washington University Law Review

There have been dramatic changes in the benefits field since the passage of the Employee Retirement Income Security Act of 1974 (ERISA). Most notably, employers' cutbacks in health insurance coverage and cost shifting in response to escalating medical care costs have spawned the current national debate over health care reform.19 Less visible, but similarly consequential, is the proliferation of special statutory exclusions from gross income for a variety of fringe benefits.


De Novo Review Of Erisa Plan Administrators' Factual Determinations, Gregory A. Hewett Jan 1993

De Novo Review Of Erisa Plan Administrators' Factual Determinations, Gregory A. Hewett

Washington University Law Review

No abstract provided.


The Regulation Of Multiple Employer Trusts: Past, Present & Future, Edward A. Scallet Jan 1983

The Regulation Of Multiple Employer Trusts: Past, Present & Future, Edward A. Scallet

Washington University Law Review

It can be persuasively argued that the recognized abuses in ERISA pension plans are no more severe than those appearing in welfare plans, and that welfare abuses have a significant adverse effect on millions of employees. Nevertheless, application of ERISA in this area has been hampered by several difficult issues, most of which are traceable to a lack of congressional precision in designing enforcement mechanisms specific to welfare plans, and more importantly, to inadequate coordination of state and federal responsibility in this area. This Article examines this problem by discussing the congressional, judicial and regulatory experience with one type of ...


Tenth Amendment Protects State Mandatory Retirement Policy Against Federal Age Discrimination In Employment Act Jan 1982

Tenth Amendment Protects State Mandatory Retirement Policy Against Federal Age Discrimination In Employment Act

Washington University Law Review

No abstract provided.


Erisa Preemption Of State Law: The Meaning Of “Relate To” In Section 514, Stephen R. Snodgrass Jan 1980

Erisa Preemption Of State Law: The Meaning Of “Relate To” In Section 514, Stephen R. Snodgrass

Washington University Law Review

No abstract provided.


Damages—Collateral Source Doctrine—Deductibility Of Social Security Benefits In Mitigation Of Damages For Breach Of Employment Contract, United Protective Workers V. Ford Motor Co., 223 F.2d 49 (7th Cir. 1955) Jan 1956

Damages—Collateral Source Doctrine—Deductibility Of Social Security Benefits In Mitigation Of Damages For Breach Of Employment Contract, United Protective Workers V. Ford Motor Co., 223 F.2d 49 (7th Cir. 1955)

Washington University Law Review

No abstract provided.