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Articles 1 - 7 of 7
Full-Text Articles in Retirement Security Law
My Company Is Freezing The Pension Plan: What Does This Mean?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
My Company Is Freezing The Pension Plan: What Does This Mean?, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston
Pension Action Center Publications
As employers move away from traditional defined benefit pension plans in favor of defined contribution 401(k) plans, the number of frozen pension plans is rapidly increasing. While most companies would like to rid themselves of their pension plan liabilities, more often than not, employers deem it too costly to terminate their existing plans and pay out all accrued benefits to participants and beneficiaries. As a result, instead of terminating their existing pension plans, many employers are electing to “freeze” their plans. Pension plans may be frozen using a “hard freeze” or a “soft freeze”. While both types of plan freezes …
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Anti-Fraud Provisions Of The Securities Act; Erisa; Pension Plans; Section 17(A) Private Right Of Action; Daniel V. International Brotherhood Of Teamsters, Marlene P. Emery, Barbara M. Heinzerling
Akron Law Review
In Daniel v. International Brotherhood of Teamsters the Seventh Circuit Court of Appeals held that the federal securities laws apply to disclosure of information regarding employee pension and profit sharing plans. In an era when disclosure of information has become mandatory and commonplace, it is not surprising that relevant information on pension plans should be disclosed to employees. The important aspect of this case is that disclosure was required under the anti-fraud provisions of the federal securities laws, rather than under the provisions of the Employee Retirement Income Security Act (ERISA). Questions concerning the Securities and Exchange Commission's jurisdiction over …
How To Accomplish A Successful Tax-Free Pension Plan Rollover, Steven T. Graham
How To Accomplish A Successful Tax-Free Pension Plan Rollover, Steven T. Graham
Pepperdine Law Review
Advising a client how to accomplish a tax-free rollover from one pension plan to another has been an area of confusion for the general practitioner. In order to end this confusion the author examines recent statutory amendments, Internal Revenue Service rulings and the Employee Retirement Income Security Act. The author then outlines, in conjunction with the recent changes in the law, potential pension plan rollover scenarios that can aid the client. After a thorough discussion of the available rollovers and the benefits and drawbacks of each, the author concludes with a chart designed to provide quick identification of the most …
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.
The Future Of Americans' Pensions: Revamping Pension Plan Asset Allocation To Combat The Pension Benefit Guaranty Corporation's Deficit, Kathleen H. Czarney
The Future Of Americans' Pensions: Revamping Pension Plan Asset Allocation To Combat The Pension Benefit Guaranty Corporation's Deficit, Kathleen H. Czarney
Cleveland State Law Review
To protect the financial future of retirees, this Note advocates that Congress pass legislation mandating a certain percentage of retirement plan funds be allocated into a low-risk individual retirement account ("IRA") insured by the Federal Depository Insurance Corporation ("FDIC"). This plan will shift the massive financial burden off of the PBGC. Section II of this Note provides an overview of pension plans and the PBGC with reference to economic and demographic factors that affect pensions. Thereafter, Section III discusses the current economic circumstances and their affect on retirement savings and the future of the PBGC." Section IV analyzes pending federal …
Fiduciaries Under Erisa: A Narrow Path To Tread, H. Stennis Little, Jr., Larry T. Thrailkill
Fiduciaries Under Erisa: A Narrow Path To Tread, H. Stennis Little, Jr., Larry T. Thrailkill
Vanderbilt Law Review
The Employee Retirement Income Security Act of 1974'(ERISA) introduced a new era for a broad spectrum of American society. The new Act had a startling impact not only upon pension plan sponsors, participants, and beneficiaries, but also upon the myriad group of individuals and institutions providing services,advice, and counsel to the pension industry. This article primarily will consider the new law as it affects the fiduciary, creating new responsibilities and increased liability. Several areas in which the new law creates special problems then will be considered.
Federal Regulation Of Retirement Plans: The Quest For Parity, William J. Chadwick, David S. Foster
Federal Regulation Of Retirement Plans: The Quest For Parity, William J. Chadwick, David S. Foster
Vanderbilt Law Review
An analysis of the regulatory scheme behind the varied treatment of retirement plans reveals that many of the distinctions made are not justifiable. For example, an incorporated, one-man law firm with net income of $125,000 can make a deductible contribution to a money-purchase pension plan of $25,000. If the lawyer conducted his practice as a sole proprietorship, however, his annual deductible contribution would be limited to $7,500. The form in which the lawyer conducts his business determines the tax burden that he must assume in providing for his retirement. Thus, retirement parity remains unachieved, even after a comprehenisve revision of …