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Articles 1 - 18 of 18
Full-Text Articles in Retirement Security Law
The Erisa Hokey-Pokey: You Put Your Top Hat In, You Put Your Top Hat Out, Sally Lerner Galati
The Erisa Hokey-Pokey: You Put Your Top Hat In, You Put Your Top Hat Out, Sally Lerner Galati
Nevada Law Journal
No abstract provided.
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Recovering Retirement Security: An Analysis Of The Lockdown Claims Under Erisa, As Illustrated By The Enron Litigation, Margo Eberlein
Chicago-Kent Law Review
This Note discusses Enron's lockdown of its 401(k) plan, the effect this decision had on Enron employees' pension funds, and the legal implications of this decision under the current statutory framework, ERISA. It describes the lawsuit filed by Enron employees in an attempt to recover some of the lost funds, as well as the probability of success for that action specifically and similar actions under ERISA in the future.
The Changing World Of Employee Benefits, Maria O'Brien Hylton
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 increase …
Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille
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.
Public Policy Considerations Warranting Denial Of Reimbursement To Erisa Plans: It's Time To Recognize The Elephant In The Courtroom, Roger M. Baron
Public Policy Considerations Warranting Denial Of Reimbursement To Erisa Plans: It's Time To Recognize The Elephant In The Courtroom, Roger M. Baron
Mercer Law Review
A number of recent federal court opinions, including a decision by the United States Supreme Court, have denied plans falling under the Employee Retirement Income Security Act of 1974 ("ERISA) the opportunity to seek reimbursement for medical expenses paid for plan members. Without delving into the weighty policy considerations that support these decisions, the courts rendering these decisions have constrained their analyses to simple statutory construction of the relevant provisions of ERISA. As a result, these decisions might appear to be hyper-technical on the surface. However, significant policy considerations underlie the results. This Article will explore the policy considerations that …
Practical Planning Ideas For Distibutions From Iras And Qualified Plans, 37 J. Marshall L. Rev. 807 (2004), Steven R. Lifson
Practical Planning Ideas For Distibutions From Iras And Qualified Plans, 37 J. Marshall L. Rev. 807 (2004), Steven R. Lifson
UIC Law Review
No abstract provided.
Keeping Employees' Trust: The Rocky Road Ahead For Pension Plan Trustees, 37 J. Marshall L. Rev. 903 (2004), Nikolay A. Ouzounov
Keeping Employees' Trust: The Rocky Road Ahead For Pension Plan Trustees, 37 J. Marshall L. Rev. 903 (2004), Nikolay A. Ouzounov
UIC Law Review
No abstract provided.
The Cash Balance Plan: An Integral Component Of The Defined Benefit Plan Renaissance, 37 J. Marshall L. Rev. 753 (2004), Barry Kozak
UIC Law Review
No abstract provided.
Erisa: Re-Thinking Firestone In Light Of Great-West - Implications For Standard Of Review And The Right To A Jury Trial In Welfare Benefit Claims, 37 J. Marshall L. Rev. 629 (2004), Donald T. Bogan
UIC Law Review
No abstract provided.
Lost Pension Money: Who Is Responsible? Who Benefits?, 37 J. Marshall L. Rev. 695 (2004), Ellen A. Bruce J.D., John Turner Ph.D.
Lost Pension Money: Who Is Responsible? Who Benefits?, 37 J. Marshall L. Rev. 695 (2004), Ellen A. Bruce J.D., John Turner Ph.D.
UIC Law Review
No abstract provided.
Counting The Cash: Disclosure And Cash Balance Plans, 37 J. Marshall L. Rev. 849 (2004), Dana M. Muir
Counting The Cash: Disclosure And Cash Balance Plans, 37 J. Marshall L. Rev. 849 (2004), Dana M. Muir
UIC Law Review
No abstract provided.
Labor Standards On Cypriot Ships: Myth And Reality, Iliana Christodoulou-Varotsi, Dmitri A. Pentsov
Labor Standards On Cypriot Ships: Myth And Reality, Iliana Christodoulou-Varotsi, Dmitri A. Pentsov
Vanderbilt Journal of Transnational Law
This Article offers a comprehensive comparative analysis of labor and social security standards on Cypriot and Greek ships. Potential cost savings for shipowners who register their ships in one country rather than the other may result from the absence of a given standard in the country of registration, or a lower or more flexible standard in that country than in the other. The authors conclude that the registration of ships in Cyprus does not provide overall advantages (in terms of "inferior" labor standards) over registration in Greece. Broadly speaking, shipowners may gain certain advantages by registering their ships in Cyprus …
A Plain Meaning Interpretation Of Erisa’S Preemption And Saving Clauses: In Support Of A State Law Preemption Of Section 1132(A) Of Erisa’S Civil Enforcement Provisions
San Diego Law Review
Most of that change has involved the direction in which the Court has taken its interpretation of the phrase “relate to” as contained in ERISA’s express preemption clause. Changing course after approximately twenty-five years of expansively interpreting the preemption clause, the Court has moved from a very broad interpretation of “relate to,” as announced in Pilot Life v. Dedeaux, to a more practical, case-by-case evaluation that principally asks whether a disputed state law interferes with ERISA’s purposes and objectives, as discussed in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co1 If the state …
Retirement Security Through Asset Protection: The Evolution Of Wealth, Privilege, And Policy, John K. Eason
Retirement Security Through Asset Protection: The Evolution Of Wealth, Privilege, And Policy, John K. Eason
Washington and Lee Law Review
No abstract provided.
Pension Law: Cash Balance Pension Plans Are Not Inherently Age Discriminatory: Cooper V. Ibm Personal Pension Plan Defies A Strong History Of Support For The Cash Balance Design, Allison C. Mcgrath
Pension Law: Cash Balance Pension Plans Are Not Inherently Age Discriminatory: Cooper V. Ibm Personal Pension Plan Defies A Strong History Of Support For The Cash Balance Design, Allison C. Mcgrath
Oklahoma Law Review
No abstract provided.
The Future Of Americans' Pensions: Revamping Pension Plan Asset Allocation To Combat The Pension Benefit Guaranty Corporation's Deficit, Kathleen H. Czarney
The Future Of Americans' Pensions: Revamping Pension Plan Asset Allocation To Combat The Pension Benefit Guaranty Corporation's Deficit, Kathleen H. Czarney
Cleveland State Law Review
To protect the financial future of retirees, this Note advocates that Congress pass legislation mandating a certain percentage of retirement plan funds be allocated into a low-risk individual retirement account ("IRA") insured by the Federal Depository Insurance Corporation ("FDIC"). This plan will shift the massive financial burden off of the PBGC. Section II of this Note provides an overview of pension plans and the PBGC with reference to economic and demographic factors that affect pensions. Thereafter, Section III discusses the current economic circumstances and their affect on retirement savings and the future of the PBGC." Section IV analyzes pending federal …
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Reply To Judge Easterbrook: The Unsupported Delegation Of Conflict Adjudication In Erisa Benefit Claims Under The Guise Of Judicial Deference, Donald T. Bogan
Oklahoma Law Review
No abstract provided.
The Paradox Of The Misuse Of Administrative Law In Erisa Benefit Claims, 37 J. Marshall L. Rev. 727 (2004), Mark D. Debofsky
The Paradox Of The Misuse Of Administrative Law In Erisa Benefit Claims, 37 J. Marshall L. Rev. 727 (2004), Mark D. Debofsky
UIC Law Review
No abstract provided.