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Retirement Security Law Commons

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1999

Discipline
Institution
Keyword
Publication
Publication Type

Articles 1 - 14 of 14

Full-Text Articles in Retirement Security Law

The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten Dec 1999

The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten

Journal Articles

No abstract provided.


Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland Oct 1999

Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland

Buffalo Law Review

No abstract provided.


Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer Apr 1999

Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer

Buffalo Law Review

No abstract provided.


Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley Apr 1999

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

Indiana Law Journal

No abstract provided.


Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley Apr 1999

Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley

UF Law Faculty Publications

This Article examines the virtually unquestioned protection of retirement assets from creditors, in both state and federal law, with a view to determining whether tax qualification or even retirement itself is a sufficient rationale for preserving debtor assets in the face of creditors' claims, and if so, what the limits of such protection should be. The problems of current law stem in large part from the use of tax qualified status as a convenient shortcut for determining the appropriate bankruptcy treatment of retirement accounts. The result is a wide disparity in the treatment of debtors epitomized by the cases of ...


Erisa - The Awarding Of Interest As Other Appropriate Equitable Relief Under Erisa: The Third Circuit Enlarges Interest Recovery In Fotta V. Trustees Of The United Mine Workers, M. Stacey Bach Jan 1999

Erisa - The Awarding Of Interest As Other Appropriate Equitable Relief Under Erisa: The Third Circuit Enlarges Interest Recovery In Fotta V. Trustees Of The United Mine Workers, M. Stacey Bach

Villanova Law Review

No abstract provided.


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.


The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner Jan 1999

The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner

Articles

No abstract provided.


Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose Jan 1999

Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose

The John Marshall Law Review

No abstract provided.


Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson Jan 1999

Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson

Scholarly Articles and Other Contributions

This article analyzes the Medical Savings Account (MSA) program, and critiques its impact on the retirement and health care systems. The MSA program is an experimental health care program created by The Health Insurance Portability and Accountability Act of 1996. The program allows a limited number of small employers and self-employed individuals to establish MSAs during an experimental period. MSA funds may be used for medical expenses, or carried forward and accumulated tax-free as retirement savings. The underlying purpose of the MSA program is to reduce the cost of medical care by providing consumers greater incentives to be sensitive to ...


Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron Jan 1999

Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron

Journal of Law and Health

This Paper will discuss the relevant statutes, case law and the Supreme Court's opinion in Geissal v. Moore Medical Corp. It concludes that the Supreme Court correctly reversed the Eighth Circuit's opinion in Geissal by applying the plain meaning of the statute and rejecting the "significant gap" theory. James Geissal was entitled to COBRA continuation coverage even though his wife had preexisting group health insurance coverage. The Fifth, Eleventh and Eigth Circuits' significant gap theory is not supported by the plain meaning of the statute or Congress' intent. The employee should have the choice to elect COBRA or ...


Public Pensions: Choosing Between Defined Benefit And Defined Contribution Plans, Jonathan B. Forman Dec 1998

Public Pensions: Choosing Between Defined Benefit And Defined Contribution Plans, Jonathan B. Forman

Jonathan B. Forman

No abstract provided.


Universal Pensions, Jonathan B. Forman Dec 1998

Universal Pensions, Jonathan B. Forman

Jonathan B. Forman

No abstract provided.