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Retirement Security Law Commons

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Articles 1 - 18 of 18

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.


Retaining Life Tenure: The Case For A “Golden Parachute”, David R. Stras, Ryan W. Scott Jan 2005

Retaining Life Tenure: The Case For A “Golden Parachute”, David R. Stras, Ryan W. Scott

Washington University Law Review

The first vacancies on the Supreme Court in eleven years have sparked renewed debate about the continued viability of life tenure for federal judges. Scholars have decried life tenure as one of the Framers' worst blunders, pointing to issues such as strategic retirement, longer average tenure, and widespread mental infirmity of Justices. In this Article, the authors argue that, notwithstanding the serious problem of mental and physical infirmity on the Court, life tenure should be retained. They also argue that recent statutory proposals to eliminate or undermine life tenure, for example through a mandatory retirement age or term limits, are ...


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 ...


Salvaging A Safety Net: Modifying The Bar To Supplemental Security Income For Legal Aliens, Lanelle K. Polen Jan 1998

Salvaging A Safety Net: Modifying The Bar To Supplemental Security Income For Legal Aliens, Lanelle K. Polen

Washington University Law Review

No abstract provided.


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.


Federal Jurisdiction Not Present When State Seeks Declaration That Federal Law Does Not Preempt State's Regulations, Franchise Tax Board V. Construction Laborers Vacation Trust, 103 S. Ct. 2481 (1983), J. Douglas Wilson Jan 1984

Federal Jurisdiction Not Present When State Seeks Declaration That Federal Law Does Not Preempt State's Regulations, Franchise Tax Board V. Construction Laborers Vacation Trust, 103 S. Ct. 2481 (1983), J. Douglas Wilson

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.


Social Insecurity: A Comment On Books By Shore And Drucker, Wilbur C. Leatherberry Jan 1977

Social Insecurity: A Comment On Books By Shore And Drucker, Wilbur C. Leatherberry

Washington University Law Review

No abstract provided.


Removal And Retirement Of Judges In Missouri: A Field Study, William Braithwaite Jan 1968

Removal And Retirement Of Judges In Missouri: A Field Study, William Braithwaite

Washington University Law Review

The American Bar Association decided at its 1965 annual meeting to initiate a general study of judicial removal, discipline, and retirement. The American Bar Foundation, independent research affiliate of the ABA, agreed to do the research, which began in April 1966. As subsequently developed, the plan for research called for field studies in Missouri, Illinois, New York, New Jersey, and California. The purpose of the field studies was to learn how these jurisdictions deal in actual practice with the problems of judicial misconduct, disability, and incompetence. This Article is based upon the research in Missouri, the first field study to ...


Bills Of Attainder And The Supreme Court In 1960—Flemming V. Nestor Jan 1961

Bills Of Attainder And The Supreme Court In 1960—Flemming V. Nestor

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.