Open Access. Powered by Scholars. Published by Universities.®

Retirement Security Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 18 of 18

Full-Text Articles in Retirement Security Law

Untrustworthy: Erisa’S Eroded Fiduciary Law, Peter J. Wiedenbeck Feb 2018

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 ...


Disqualitifcation Of Employee Retirement Plans: The Wrong Remedy, William J. Rands Jul 2015

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 ...


Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle Dec 2012

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 Jan 2010

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.


Outlawing Pension-Funding Shortfalls, Eric D. Chason Jan 2007

Outlawing Pension-Funding Shortfalls, Eric D. Chason

Faculty Publications

Before ERISA, employees faced a large risk that their employers would default or renege on pension obligations. By creating a federal guarantor of pensions (the PBGC), ERISA has greatly reduced this risk. All else being equal, low-risk pensions are worth more to employees but cost more to provide. Congress has never had a coherent policy on who should pay for these extra costs. Moreover, legal scholars have failed to create a theoretical framework for dealing with these costs, focusing instead on the supposed "moral hazard" that the PBGC guaranty creates. This Article inserts itself into the scholarly vacuum, asserting that ...


Discretionary Language, Conflicts Of Interest, And Standard Of Review For Erisa Disability Plans, Peter A. Meyers Jan 2005

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.


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.


Erisa's Curious Coverage, Peter J. Wiedenbeck Jan 1998

Erisa's Curious Coverage, Peter J. Wiedenbeck

Washington University Law Review

The regulation of employee benefits entails a delicate balance—measures intended to improve the quality of health insurance or retirement programs, if taken too far, deter some employers from providing such benefits at all. Because the availability of benefits depends on employer decisionmaking, ERISA necessarily incorporates cost containment and the preservation of employer flexibility. This article examines the fit between ERISA’s policy goals and existing interpretations of ERISA's reach. It shows that although the statute's anti-abuse and protective policies have been influential in defining the scope and extent of benefit plan regulation, neither is pursued with single-minded ...


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.


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.


Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross Jul 1993

Economically Targeted Investments: Can Public Pension Plans Do Good And Do Well?, Patrick S. Cross

Indiana Law Journal

No abstract provided.


Federal Jurisdiction Not Present When State Seeks Declaration That Federal Law Does Not Preempt State's Regulations, Franchise Tax Board V. Construction Laborers Vacation Trust, 103 S. Ct. 2481 (1983), J. Douglas Wilson Jan 1984

Federal Jurisdiction Not Present When State Seeks Declaration That Federal Law Does Not Preempt State's Regulations, Franchise Tax Board V. Construction Laborers Vacation Trust, 103 S. Ct. 2481 (1983), J. Douglas Wilson

Washington University Law Review

No abstract provided.


The Regulation Of Multiple Employer Trusts: Past, Present & Future, Edward A. Scallet Jan 1983

The Regulation Of Multiple Employer Trusts: Past, Present & Future, Edward A. Scallet

Washington University Law Review

It can be persuasively argued that the recognized abuses in ERISA pension plans are no more severe than those appearing in welfare plans, and that welfare abuses have a significant adverse effect on millions of employees. Nevertheless, application of ERISA in this area has been hampered by several difficult issues, most of which are traceable to a lack of congressional precision in designing enforcement mechanisms specific to welfare plans, and more importantly, to inadequate coordination of state and federal responsibility in this area. This Article examines this problem by discussing the congressional, judicial and regulatory experience with one type of ...


Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee Oct 1982

Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee

Indiana Law Journal

No abstract provided.


Erisa Preemption Of State Law: The Meaning Of “Relate To” In Section 514, Stephen R. Snodgrass Jan 1980

Erisa Preemption Of State Law: The Meaning Of “Relate To” In Section 514, Stephen R. Snodgrass

Washington University Law Review

No abstract provided.


Joint And Survivor Annuities Under Erisa -- The Gamble On Survival, John W. Lee Jan 1976

Joint And Survivor Annuities Under Erisa -- The Gamble On Survival, John W. Lee

Faculty Publications

No abstract provided.