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Articles 1 - 11 of 11
Full-Text Articles in Retirement Security Law
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.
We Wouldn’T Be Here If It Weren’T For Them: Encouraging Family Caregiving Of Indigent Parents Through Filial Responsibility Laws, Katie Sisaket
We Wouldn’T Be Here If It Weren’T For Them: Encouraging Family Caregiving Of Indigent Parents Through Filial Responsibility Laws, Katie Sisaket
Journal of Public Law and Policy
No abstract provided.
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Akron Law Review
In Daniel v. International Brotherhood of Teamsters the Seventh Circuit Court of Appeals held that the federal securities laws apply to disclosure of information regarding employee pension and profit sharing plans. In an era when disclosure of information has become mandatory and commonplace, it is not surprising that relevant information on pension plans should be disclosed to employees. The important aspect of this case is that disclosure was required under the anti-fraud provisions of the federal securities laws, rather than under the provisions of the Employee Retirement Income Security Act (ERISA). Questions concerning the Securities and Exchange Commission's jurisdiction over …
Securities Laws Implications For Savings Associations Acting As Trustees For Ira's And Keoghs
Securities Laws Implications For Savings Associations Acting As Trustees For Ira's And Keoghs
Akron Law Review
This article will focus on the major problem area which has resulted from the above legislation. That problem is whether or not a savings association must register with the Securities and Exchange Commission (SEC) pursuant to the Securities Act of 1931 or the Investment Company Act of 1940, as a consequence of acting as trustee for an IRA or Keogh plan.
Disqualitifcation Of Employee Retirement Plans: The Wrong Remedy, William J. Rands
Disqualitifcation Of Employee Retirement Plans: The Wrong Remedy, William J. Rands
Akron Law Review
Yet Congress failed to extirpate from the tax laws the sanction of disqualifying an employee retirement plan. Not only has disqualification been described as being "draconian" and "harsh," but it has also been noted that it results in "tragedy," "penalizes the covered employees who have no part in the wrongdoing,"6 and frustrates the legislative purpose of encouraging the establishment and maintenance of employee retirement plans. The imposition of this sanction is nonsensical: the tax consequences devastate the financial security of employees whose future depends on the retirement income they will receive from their employers' plans. This article will discuss this …
Post-Norris Ambiguities: Unanswered Questions For Women And The Pension Industry, T. Timothy Ryan Jr., Paula A. Rock
Post-Norris Ambiguities: Unanswered Questions For Women And The Pension Industry, T. Timothy Ryan Jr., Paula A. Rock
Akron Law Review
On April 25, 1978, the United States Supreme Court decided Los Angeles Department of Water and Power v. Manhart in a way that was bound to have a profound effect on the pension industry. The division of opinion in the Manhart Court was indicative of the difficulty of the question presented. In Part I, this article examines the Court's findings in Manhart, as well as its conclusions in a more recent case, Arizona Governing Committee v. Norris, in which the Supreme Court extended its Manhart holding in a way bound to have an equally significant impact on pension …
Retiree Welfare Benefits: Erisa, Lmra And The Federal Common Law, Frances Figetakis
Retiree Welfare Benefits: Erisa, Lmra And The Federal Common Law, Frances Figetakis
Akron Law Review
Part I of this comment will examine the applicable statutory law in this area. Part II will examine the developing body of federal case law. Part III will address the underlying policy concerns in conjunction with already established precedent to provide insight into what the law in this area should be.
The Separation Of Intelligence And Control: Retirement Savings And The Limits Of Soft Paternalism, Jacob Hale Russell
The Separation Of Intelligence And Control: Retirement Savings And The Limits Of Soft Paternalism, Jacob Hale Russell
William & Mary Business Law Review
“Soft paternalism” is in vogue among academics and lawmakers, but too much is being asked of it. This Article studies soft paternalist techniques—including nudging and disclosure—which have been used in the employersponsored retirement system. Defined-contribution retirement plans represent an ideal test case for libertarian paternalism: there has been extensive experimentation, and nudge advocates have often held up such plans as successes. In particular, this Article focuses on investment allocation decisions in retirement portfolios, and suggests that we should be skeptical of the ability of soft paternalism to improve those decisions. When a domain is rife with conflicts of interest—as in …
Who’S Afraid Of Good Governance? State Fiscal Crises, Public Pension Underfunding, And The Resistance To Governance Reform, Thomas J. Fitzpatrick, Amy B. Monahan
Who’S Afraid Of Good Governance? State Fiscal Crises, Public Pension Underfunding, And The Resistance To Governance Reform, Thomas J. Fitzpatrick, Amy B. Monahan
Florida Law Review
Much attention has been paid to the significant underfunding of many state and local employee pension plans, as well as to efforts by states and cities to alleviate that underfunding by modifying the benefits provided to workers. Yet relatively little attention has been paid to the systemic causes of such financial distress—such as chronic underfunding that shifts financial burdens to future taxpayers, and governance rules that may reduce the likelihood that a plan’s trustees will make optimal investment decisions. This Article presents the results of a qualitative study of the funding and governance provisions of twelve public pension plans that …
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
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 Revenue …
Planning Past Pensions, Julie Roin
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 …