Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Labor and Employment Law (7)
- Constitutional Law (2)
- Law and Gender (2)
- State and Local Government Law (2)
- Accounting Law (1)
-
- Administrative Law (1)
- Banking and Finance Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Common Law (1)
- Courts (1)
- Elder Law (1)
- Estates and Trusts (1)
- Government Contracts (1)
- Health Law and Policy (1)
- Insurance Law (1)
- Law and Politics (1)
- Law and Society (1)
- Legislation (1)
- Public Law and Legal Theory (1)
- Supreme Court of the United States (1)
- Workers' Compensation Law (1)
- Institution
- Publication Year
Articles 1 - 13 of 13
Full-Text Articles in Retirement Security Law
The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda
The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda
Chicago-Kent Law Review
No abstract provided.
A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks
A Lesson From Goodfellas: Why Current Illinois Consideration Based Pension Reform Proposals Still Fail, Lari A. Dierks
Northwestern Journal of Law & Social Policy
No abstract provided.
One Fund Solution And The Pension Crisis, Gordon Butler
One Fund Solution And The Pension Crisis, Gordon Butler
Cleveland State Law Review
The next forty years of economic life will be dominated by one underlying theme: dealing with the retirement income security of a growing, aging and longer-lived global population. This is a "can’t run, can’t hide" problem that will affect the lives of almost every human being on the planet . . . Whether you are light in your pension account, whether you have more money than Croesus, whether you live in the well-funded Netherlands, or whether you are a put-upon unambitious young male in Japan who sees no future for himself, you cannot escape this problem.
Before you read very …
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.
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 …
Gender Discrimination - European Economic Community - European Court Of Justice Determines That A Non-Contributory Occupational Pension Scheme Should Not Discriminate On The Basis Of Sex. Barber V. Royal Exchange Assurance Group, 1990 E. Comm. Ct. J. Rep. ___, [1990] 2 Comm. Mkt. L. Rep. 513., R. Mace Flournoy
Georgia Journal of International & Comparative Law
No abstract provided.
Employers As Risks, Amy B. Monahan
Employers As Risks, Amy B. Monahan
Chicago-Kent Law Review
In evaluating health and retirement security in the United States, much recent work has focused on shortcomings in individual decision making. For example, in explaining why 401(k) plans are suboptimal for achieving retirement security, a significant volume of literature has catalogued the mistakes individuals make when attempting to save for retirement through such plans. This article seeks to move the discussion of suboptimal decision making in a new direction, by focusing on the impact that employer decision making has on the ability of employees to achieve health and retirement security. The article argues that employer decision making regarding whether to …
Defined (Yet Uncertain) Benefit Pension Plans In America, Travis Bayer
Defined (Yet Uncertain) Benefit Pension Plans In America, Travis Bayer
Chicago-Kent Law Review
Despite playing a central role in many public and private employees' retirements, defined benefit pension plans are woefully underfunded. Moreover, the combination of a Baby Boomer retirement bulge and a struggling economy are putting even more pressure on defined benefit plans. This Note examines relevant background information regarding defined benefit pension plans and demographic data of the Baby Boomer generation. This Note then explores how and to what extent states and private employers have created contractual obligations through defined benefit plans and addresses what happens when those contractual obligations are breached. Finally, this Note suggests that litigation cannot provide a …
Pension And Employee Benefit Law—Employee Retirement Income Security Act—An Owner-Employee Can Qualify As A "Participant" In An Erisa Pension Plan Sponsored By His Corporation, As Long As The Plan Covers One Or More Non-Owner Employees. Yates V. Hendon, 541 U.S. 1 (2004), Quentin May
University of Arkansas at Little Rock Law Review
No abstract provided.
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf
Touro Law Review
No abstract provided.
Compensation For Pension Benefit Losses In Unlawful Dismissal, G. England, E. Gardner
Compensation For Pension Benefit Losses In Unlawful Dismissal, G. England, E. Gardner
Dalhousie Law Journal
This paper describes, firstly, how the "real-world" pension benefit losses of an unlawfully dismissed employee are dictated by three main variables: the benefit structure of the plan; the legal structure of the plan; and the employee's position in the labour market. Secondly, it shows that the common law measure of damages in a wrongful dismissal action fails to compensate adequately those losses. In contrast, the measures of damages in collective agreement arbitration, and in adjudication pursuant to section 61.5 of the Canada Labour Code' create the potential for a more realistic approach to compensating the employee for his "real-world" losses. …
Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr
Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr
Fordham Urban Law Journal
The Employee Retirement Income Security Act (ERISA) resulted in large changes in the laws of private pensions. However, with the use of exculpatory and indemnification provisions, ERISA has been limited in its ability to enhance the strength of fiduciary requirements for pension trustees. This comment examines the statutory language of ERISA and looks to understand judicial interpretation to look to the future of ERISA.