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Retirement Security Law Commons

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Articles 1 - 6 of 6

Full-Text Articles in Retirement Security Law

Federal Common Law And Gaps In Federal Statutes: The Case Of Erisa Plan Limitation Periods For Section 502(A)(1)(B) Actions, Jim Greiner Nov 1994

Federal Common Law And Gaps In Federal Statutes: The Case Of Erisa Plan Limitation Periods For Section 502(A)(1)(B) Actions, Jim Greiner

Michigan Law Review

This Note argues that federal courts should adopt a uniform national rule that upholds plan provisions modifying the limitation period for a section 502(a)(l)(B) action. Part I examines the reasoning of those courts that have borrowed state law to determine the validity of modifications of the limitation period applicable to actions arising under BRISA section 502(a)(l)(B) and under other federal statutes. Part I argues that those courts may have incorrectly characterized the validity of plan limitation periods as an issue of limitation law. As a consequence of this characterization, those courts have followed the ...


Simas V. Quaker Fabric Corp.: Erisa Preemption Of Statutory Tin Parachutes, Kristin D. Anger Oct 1994

Simas V. Quaker Fabric Corp.: Erisa Preemption Of Statutory Tin Parachutes, Kristin D. Anger

Washington Law Review

In Simas v. Quaker Fabric Corp., the First Circuit invalidated Massachusetts's innovative tin parachute statute, designed to assist workers displaced by corporate takeovers, by finding it preempted by ERISA. After examining the relationship between the tin parachute and ERISA and the analysis in Simas, this Note argues that preemption was mandated neither by ERISA itself nor by decisions interpreting its preemptive reach. In light of the state interest at stake, the Simas decision is unfortunate and suggests the need for a legislative solution.


Employment Discrimination Claims Under Erisa Section 510: Should Courts Require Exhaustion Of Arbitral And Plan Remedies?, Jared A. Goldstein Oct 1994

Employment Discrimination Claims Under Erisa Section 510: Should Courts Require Exhaustion Of Arbitral And Plan Remedies?, Jared A. Goldstein

Michigan Law Review

This Note examines whether courts should require section 510 claimants to exhaust either plan-based or arbitral remedies before seeking judicial relief. It begins by comparing the basis for an exhaustion requirement with respect to benefits claims with the basis for such a requirement with respect to statutory claims - like those under section 510. Part I examines the rationale courts have offered for requiring exhaustion of plan remedies for benefits claims. Part I concludes that federal courts have correctly determined that Congress intended individuals bringing benefits claims to exhaust the remedies provided by the plan before seeking judicial relief. Part II ...


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.


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.