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Retirement Security Law Commons

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Full-Text Articles in Retirement Security Law

After Tackett: Incomplete Contracts For Post-Employment Healthcare, Maria Hylton Aug 2015

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

Faculty Scholarship

This paper examines the recent U.S. Supreme Court retiree health care decision in Tackett v. M & G Polymers and focuses, in particular, on the ostensibly odd silence with respect to a critical contract term — whether the parties in fact agreed that these benefits were vested. Although the union in Tackett insisted these welfare benefits were clearly intended to vest and the employer now asserts they can be modified at any time, the collective bargaining agreement and supporting documents are ambiguous on this question. This paper examines how and why this “silence” persisted for so many decades and concludes that ...


Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille Jun 2004

Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille

Chicago-Kent Law Review

No abstract provided.


The Changing World Of Employee Benefits, Maria O'Brien Hylton Jun 2004

The Changing World Of Employee Benefits, Maria O'Brien Hylton

Chicago-Kent Law Review

The employee benefits picture, at least for many plan participants and some plan sponsors, is a scary and bleak one. The number of workers with pension coverage is declining, health insurance rates are rising much faster than the rate of inflation, and the number of uninsured continues to rise as well. The decline in union density, the recent boost given by the U.S. Supreme Court to Any Willing Provider ("AWP") laws, and the deluge of recent benefits-related scandals are also all part of this landscape. This Article examines each of these issues, with a focus on reforms that would ...


Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir Sep 1997

Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir

Washington and Lee 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 ...