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Full-Text Articles in Social Welfare Law
Fully Funded Pensions, Jonathan Barry Forman
Fully Funded Pensions, Jonathan Barry Forman
Marquette Law Review
At retirement, workers want to have enough income to support themselves throughout their retirement years. In that regard, financial planners often suggest that retiring workers should aim to replace 70 to 80% of their annual preretirement earnings. Social Security benefits typically replace around 35% of the typical worker’s preretirement earnings, and the purpose of this Article is to show how pensions could and should be designed to replace, say, 40% of the typical worker’s preretirement earnings throughout her retirement years. In particular, because so many public and private pension plans are underfunded, this Article focuses on how to fully fund …
Protective Plan Provisions For Employer-Sponsored Employee Benefit Plans, Kathryn J. Kennedy
Protective Plan Provisions For Employer-Sponsored Employee Benefit Plans, Kathryn J. Kennedy
Marquette Benefits and Social Welfare Law Review
Federal case law has provided plan sponsors of the
Employee Retirement Income Security Act of 1974 (ERISA)
covered plans with the ability to insert plan provisions that are
more favorable to the plan sponsor rather than the plan
participant or beneficiary (so-called “protective plan provisions”).
This Article first examines what is the “plan document” for
purposes of ERISA and what protective plan provisions should
be considered for insertion into the plan document and its
related “instruments.”
Allowing States To Help Workers Safe For Retirement: Department Of Labor's Proposed Rulemaking That Provides A Safe Harbor For State Savings Programs Under Erisa, William A. Nelson
Allowing States To Help Workers Safe For Retirement: Department Of Labor's Proposed Rulemaking That Provides A Safe Harbor For State Savings Programs Under Erisa, William A. Nelson
Marquette Benefits and Social Welfare Law Review
There is a “retirement crisis” in America. Contributing to
this crisis is the fact that millions of Americans do not have
access to a retirement savings plan through their employers.
States, concerned with the economic stability of their citizens,
have created laws that require private sector employers to
implement state-administered payroll deduction IRA programs
in their workplaces. Even though many states are currently
debating whether to adopt state payroll deduction programs,
this Article will focus on Oregon, Illinois, and California, which
have enacted laws along those lines.
One obstruction to wider adoption of such state measures
has been uncertainty about …
Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille
Commentary: Is It Time To Take The Broom And Really Clean House? A New Paradigm For Employee Benefits, Mary Ellen Signorille
Chicago-Kent Law Review
No abstract provided.
The Changing World Of Employee Benefits, Maria O'Brien Hylton
The Changing World Of Employee Benefits, Maria O'Brien Hylton
Chicago-Kent Law Review
The employee benefits picture, at least for many plan participants and some plan sponsors, is a scary and bleak one. The number of workers with pension coverage is declining, health insurance rates are rising much faster than the rate of inflation, and the number of uninsured continues to rise as well. The decline in union density, the recent boost given by the U.S. Supreme Court to Any Willing Provider ("AWP") laws, and the deluge of recent benefits-related scandals are also all part of this landscape. This Article examines each of these issues, with a focus on reforms that would increase …