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Full-Text Articles in Retirement Security Law
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher
Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher
St. Mary's Law Journal
Abstract forthcoming
Untrustworthy: Erisa’S Eroded Fiduciary Law, Peter J. Wiedenbeck
Untrustworthy: Erisa’S Eroded Fiduciary Law, Peter J. Wiedenbeck
William & Mary Law Review
The trust law analogy has come to dominate judicial thinking about employee benefit plans. Yet despite its rise to rhetorical prominence, ERISA fiduciary law has been dramatically transformed by a series of uncoordinated, low-visibility judicial decisions on multiple fronts. These apparently unconnected case law developments reveal a startling pattern of mutually reinforcing restrictions on ERISA’s protection of pension and welfare benefits. This study chronicles ERISA’s trust law turn to expose how untrustworthy workers’ benefit safeguards have become. Both the scope and the intensity of fiduciary oversight have been radically pruned back in the courts. Notwithstanding the congressional declaration that attempts …
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 …
Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle
Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle
William & Mary Law Review
No abstract provided.
The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed, Alicia K. Crawford
The Evolution Of The Applicability Of Erisa To Indian Tribes: We May Finally Have Congressional Intent, But It's Still Flawed, Alicia K. Crawford
American Indian Law Review
No abstract provided.
Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers
Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers
Seattle University Law Review
This article introduces the reader to disability insurance in Part II. Part III examines how ERISA is a mixture of different law and how that mixture led to discretionary clauses being inserted and the re- suiting severe conflicts of interest. Part IV looks at <em>Firestone Tire & Rubber Co. v. Bruch</em>, the seminal ERISA case on conflicts of interest. Part V examines the contributions that the Ninth Circuit has made to ERISA conflict of interest law. Part VI discusses scope of review and discovery and Part VII concludes that insurers should be strictly regulated in ERISA plans.
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.
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.
Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross
Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross
Indiana Law Journal
No abstract provided.
Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee
Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee
Indiana Law Journal
No abstract provided.