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Retirement Security Law Commons

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Full-Text Articles in Retirement Security Law

Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks May 2018

A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks

Northwestern Journal of Law & Social Policy

No abstract provided.


Title Vii And The Collateral Source Rule: Evaluating The Not-So Equitable Remedy In Eeoc V. Consol Energy, Virginia Calistro Apr 2018

Title Vii And The Collateral Source Rule: Evaluating The Not-So Equitable Remedy In Eeoc V. Consol Energy, Virginia Calistro

Boston College Law Review

On June 12, 2017, the Fourth Circuit Court of Appeals affirmed the decision of the United States District Court for the Northern District of West Virginia to refuse an offset to a Title VII damage award by the amount of pension payments received following the plaintiff's constructive discharge. In doing so, the court adopted a new interpretation of the collateral source rule and its applicability in employment discrimination pay awards. The effect of this decision is to further compound a split of authority between multiple federal courts of appeals regarding the treatment of certain benefits in the wake of ...


Failing Cities And The Red Queen Phenomenon, Samir D. Parikh, Zhaochen He Apr 2017

Failing Cities And The Red Queen Phenomenon, Samir D. Parikh, Zhaochen He

Boston College Law Review

Cities and counties are failing. Unfunded liabilities for retirees’ healthcare benefits aggregate to more than $1 trillion. Pension systems are underfunded by as much as $4.4 trillion. Many local government capital structures ensure rising costs and declining revenues, the precursors to service-delivery insolvency. These governments are experiencing the Red Queen phenomenon. They have tried a dizzying number of remedies, but their dire situation persists unchanged. State legislatures have failed to respond. More specifically, many states have refused to implement meaningful debt restructuring mechanisms for local governments. They argue that giving cities and counties the power to potentially impair bond ...


After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton Apr 2016

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria O'Brien Hylton

Pace Law Review

This is a story about a union and a private sector employer who repeatedly negotiated collective bargaining agreements which referenced side contracts which provided retirees with post-employment healthcare benefits. In the early decades of their relationship neither the union nor the employer appear to have given any thought to whether or not these retiree health benefits in fact vested—i.e. were promised to retirees at no cost for the remainder of their lives. By the 1980s and certainly the 1990s however, as health care costs soared and life expectancy expanded, both parties continued to regularly re-negotiate agreements that were ...


Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery Jan 2016

Personal Injury Victims As Insurance Collection Agents: Erisa Preemption Of State Antisubrogation Laws, Jonathan P. Connery

Journal of Law and Policy

The Employee Retirement Income Security Act (ERISA) was enacted in 1974 to protect the pension rights of employees nationwide. However, due to its broad preemptive powers, ERISA has since developed into a tool used by health insurers to recover millions of dollars in tort damages meant to benefit employees with ERISA health plans. This practice, known as subrogation, has been met with legislative backlash in the form of state antisubrogation statutes, which attempt to limit the enforceability of subrogation clauses found in almost all ERISA health plans. However, many courts have held that ERISA preempts these antisubrogation statutes, thereby affirming ...


Illusory Rights Under The Arbitrary And Capricious Standard: Adding Remedial Safeguards To The Judicial Standard Of Review Beyond Erisa Denial Of Benefits Claims, Javier J. Diaz Nov 2015

Illusory Rights Under The Arbitrary And Capricious Standard: Adding Remedial Safeguards To The Judicial Standard Of Review Beyond Erisa Denial Of Benefits Claims, Javier J. Diaz

Seton Hall Circuit Review

No abstract provided.


Planning Past Pensions, Julie Roin Jan 2015

Planning Past Pensions, Julie Roin

Loyola University Chicago Law Journal

Evidence of state and local government dysfunction surfaces in many areas. One is the operation of employee pension plans. Free from the strictures of the Employee Retirement Income Security Act (“ERISA”), some state governments failed to adequately fund their pension promises. With the imminent retirement of the baby boom generation, these states are facing what appear to be insurmountable pension debts. Illinois is one of the worst hit states, with grossly underfunded pension plans, a state constitutional prohibition on reducing pension benefits, and a sizable non-pension-related budget deficit. Illinois courts will likely strike down recently passed pension “reforms.” There are ...


Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton Jan 2015

Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton

University of Michigan Journal of Law Reform Caveat

Current federal law allows companies to exclude their youngest workers from participating in 401(k) and other pension plans. Public policy should encourage young workers to contribute to retirement as early as practicable, rather than impose obstacles to saving. Workers who begin saving even a few years earlier improve their retirement security and reduce the likelihood they will be dependent on the government later in life. While “age discrimination” is conventionally thought of as the mistreatment of older workers, this concept applies equally to employees who are differentiated based solely on their young age. Thus, Congress should amend the Internal ...


Gender Discrimination - European Economic Community - European Court Of Justice Determines That A Non-Contributory Occupational Pension Scheme Should Not Discriminate On The Basis Of Sex. Barber V. Royal Exchange Assurance Group, 1990 E. Comm. Ct. J. Rep. ___, [1990] 2 Comm. Mkt. L. Rep. 513., R. Mace Flournoy Nov 2014

Gender Discrimination - European Economic Community - European Court Of Justice Determines That A Non-Contributory Occupational Pension Scheme Should Not Discriminate On The Basis Of Sex. Barber V. Royal Exchange Assurance Group, 1990 E. Comm. Ct. J. Rep. ___, [1990] 2 Comm. Mkt. L. Rep. 513., R. Mace Flournoy

Georgia Journal of International & Comparative Law

No abstract provided.


The Best Of Times And The Worst Of Times: Lessons From Recent Reforms Of The French Retirement, Kathryn L. Moore Oct 2014

The Best Of Times And The Worst Of Times: Lessons From Recent Reforms Of The French Retirement, Kathryn L. Moore

Georgia Journal of International & Comparative Law

No abstract provided.


A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth Jul 2014

A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth

Pace Law Review

This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories—from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights—the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this Article discusses ...


Employers As Risks, Amy B. Monahan Apr 2014

Employers As Risks, Amy B. Monahan

Chicago-Kent Law Review

In evaluating health and retirement security in the United States, much recent work has focused on shortcomings in individual decision making. For example, in explaining why 401(k) plans are suboptimal for achieving retirement security, a significant volume of literature has catalogued the mistakes individuals make when attempting to save for retirement through such plans. This article seeks to move the discussion of suboptimal decision making in a new direction, by focusing on the impact that employer decision making has on the ability of employees to achieve health and retirement security. The article argues that employer decision making regarding whether ...


How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund Jan 2014

How Much Is Too Much? Employer-Sponsored Plan Notice And Reporting Requirements Under Ppaca, 47 J. Marshall L. Rev 855 (2014), Carrie Byrnes, Brian Berglund

The John Marshall Law Review

No abstract provided.


The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle Jan 2013

The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle

The John Marshall Law Review

No abstract provided.


The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis Jan 2013

The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis

The John Marshall Law Review

No abstract provided.


Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui Jan 2013

Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui

The John Marshall Law Review

No abstract provided.


Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport Jan 2013

Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport

The John Marshall Law Review

No abstract provided.


Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner Jan 2013

Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner

The John Marshall Law Review

No abstract provided.


The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy Jan 2013

The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy

The John Marshall Law Review

No abstract provided.


Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle Dec 2012

Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle

William & Mary Law Review

No abstract provided.


Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill Jan 2012

Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill

The John Marshall Law Review

No abstract provided.


What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara Jan 2012

What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara

The John Marshall Law Review

No abstract provided.


The Supreme Court Fills A Gaping Hole: Cigna Corp. V. Amara Clarifies The Scope Of Equitable Relief Under Erisa, 45 J. Marshall L. Rev. 767 (2012), Susan Harthill Jan 2012

The Supreme Court Fills A Gaping Hole: Cigna Corp. V. Amara Clarifies The Scope Of Equitable Relief Under Erisa, 45 J. Marshall L. Rev. 767 (2012), Susan Harthill

The John Marshall Law Review

No abstract provided.


Summary Plan Descriptions After Amara, 45 J. Marshall L. Rev. 811 (2012), David Pratt Jan 2012

Summary Plan Descriptions After Amara, 45 J. Marshall L. Rev. 811 (2012), David Pratt

The John Marshall Law Review

No abstract provided.


Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker Jan 2012

Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker

The John Marshall Law Review

No abstract provided.


Defined (Yet Uncertain) Benefit Pension Plans In America, Travis Bayer Dec 2011

Defined (Yet Uncertain) Benefit Pension Plans In America, Travis Bayer

Chicago-Kent Law Review

Despite playing a central role in many public and private employees' retirements, defined benefit pension plans are woefully underfunded. Moreover, the combination of a Baby Boomer retirement bulge and a struggling economy are putting even more pressure on defined benefit plans. This Note examines relevant background information regarding defined benefit pension plans and demographic data of the Baby Boomer generation. This Note then explores how and to what extent states and private employers have created contractual obligations through defined benefit plans and addresses what happens when those contractual obligations are breached. Finally, this Note suggests that litigation cannot provide a ...


The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011), Brent Wilson Jan 2011

The "Current Monthly Income" Debate: Unemployment Compensation As A "Benefit Received Under The Social Security Act"?, 44 J. Marshall L. Rev. 801 (2011), Brent Wilson

The John Marshall Law Review

No abstract provided.


Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson Mar 2010

Golden Gate And The Ninth Circuit’S Threat To Erisa’S Uniformity And Jurisprudence , Landon Wade Magnusson

BYU Law Review

No abstract provided.


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.