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Full-Text Articles in Social Welfare Law
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 …
The Collective Fiduciary, Lauren R. Roth
The Collective Fiduciary, Lauren R. Roth
Scholarly Works
Can fiduciaries be made to serve public goals? The movement under the Patient Protection and Affordable Care Act (“ACA”) towards universal access to health insurance requires us to focus on the fiduciary relationships between large organizations providing access to healthcare and the populations they serve. These relationships have become a collective undertaking instead of a direct, personal relationship.
In this Article, I introduce the concept of the collective fiduciary in response to the shift towards uniform, national goals in the realm of health insurance and healthcare. Only through a collective approach can we hold fiduciaries accountable for the welfare of …