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Retirement Security Law Commons

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Leverage, Linkage, And Leakage: Problems With The Private Pension System And How They Should Inform The Social Security Reform Debate, Norman P. Stein, Patricia E. Dilley 2013 University of Florida Levin College of Law

Leverage, Linkage, And Leakage: Problems With The Private Pension System And How They Should Inform The Social Security Reform Debate, Norman P. Stein, Patricia E. Dilley

Patricia E Dilley

The argument for Social Security privatization is, at bottom, simple: we need more, and better, advance funding of the public retirement system. In particular, we need to commit a portion of FICA tax to privately managed investment accounts, which will purchase investment instruments that promise higher rates of return than the government debt instruments in which the Social Security surplus is currently invested. The privatization debate has centered on the extent to which Social Security faces an impending demographic crisis during the coming decades, whether privatization is fundamentally inconsistent with the idea of social insurance, whether privatization financial projections are ...


Taking Public Rights Private: The Rhetoric And Reality Of Social Security Privatization, Patricia E. Dilley 2013 Selected Works

Taking Public Rights Private: The Rhetoric And Reality Of Social Security Privatization, Patricia E. Dilley

Patricia E Dilley

This Article explores the foundations of the Social Security privatization debate. What is frequently portrayed as a numbers problem to which a "correct" answer can be found is in fact an ideological and political argument about wealth building versus direct income support and about the reality and security of public entitlement as opposed to private property rights. Efforts to use the idea of private property as the basis of rights in the context of the Social Security system and other non-retirement .social welfare programs have proven problematic. This Article suggests that Social Security, far from being a quaint, retrograde souvenir ...


Testimony Before The Erisa Advisory Council, Ellen A. Bruce 2013 University of Massachusetts Boston

Testimony Before The Erisa Advisory Council, Ellen A. Bruce

Pension Action Center Publications

I am the director of the Pension Action Center of the Gerontology Institute at the University of Massachusetts Boston. In that capacity, I run the New England Pension Assistance Project (NEPAP), a U.S. Administration on Aging (AoA)-funded pension counseling project, and the Illinois Pension Assistance Project (IPAP) funded by the Retirement Research Foundation. Both of these projects represent low- and moderate-income plan participants who are having difficulty claiming their employer-sponsored retirement income. The AoA funds six pension counseling projects covering 29 states; all of which represent clients in much the same way we do at the Pension Action ...


Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich 2013 Pepperdine University

Judges “On The Take:” A Formula For Financial Security , Harry A. Halkowich

Pepperdine Law Review

No abstract provided.


In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover 2013 Pepperdine University

In Re Marriage Of Olhausen: The Characterization Of State Disability Retirement Benefits After Dissolution, John K. Hoover

Pepperdine Law Review

No abstract provided.


Managing Social Security Disability & Other Public Benefits: Development Of A Guide For Consumers And Providers, Stephanie L. Derochers 2013 Muskie School of Public Service, University of Southern Maine

Managing Social Security Disability & Other Public Benefits: Development Of A Guide For Consumers And Providers, Stephanie L. Derochers

Muskie School Capstones

One in five Americans has a disability, making it the largest minority group in the U.S. (Soffer, McDonald, & Blanck, 2010). In 2011, 13.4 million working-aged adults received a disability cash benefit from the Social Security Administration (Kregel, 2012).

The Social Security Administration (SSA) is the federal agency responsible for managing, executing and overseeing retirement, survivor, old-age and disability benefits. There are over 1,500 Social Security offices and over 65,000 employees nationwide (SSA, 2013). SSA manages at least five disability benefit programs: Supplemental Security Income (SSI), Social Security Disability Insurance (SSDI), Disabled Widow(er) Benefit (DWB), Childhood ...


Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt 2013 Pepperdine University

Recommendations For A New Independent Adjudication Agency To Make The Final Administrative Adjudications Of Social Security Act Benefits Claims , Robin J. Arzt

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Beck Vs. Pace International Union: A Mask Of Unanimity To Conceal Disagreement And Confusion, Sharon Hritz 2013 Pepperdine University

Beck Vs. Pace International Union: A Mask Of Unanimity To Conceal Disagreement And Confusion, Sharon Hritz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pension Action Center, Michele Tolson, Pension Action Center, University of Massachusetts Boston, Gerontology Institute, University of Massachusetts Boston 2013 University of Massachusetts Boston

Pension Action Center, Michele Tolson, Pension Action Center, University Of Massachusetts Boston, Gerontology Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Pension Action Center (PAC) strives to improve retirees’ and workers’ standard of living in retirement through individual case advocacy; referrals to appropriate programs and professionals; and issue analysis and reform of public policy. The center, which is part of the Gerontology Institute at UMass Boston, focuses on the experience of participants in retirement plans throughout its work. The PAC is a one-of-a-kind organization in New England that touches the lives of thousands of people.


The Cost Of “Choice” In A Voluntary Pension System, Jonathan Forman 2013 University of Oklahoma

The Cost Of “Choice” In A Voluntary Pension System, Jonathan Forman

Jonathan B. Forman

Unlike our mandatory universal Social Security system, America’s private pension system is replete with choice: choices about the type of pension plan, choices about the amount and timing of contributions, choices about investments, and choices about the timing and nature of distributions. It takes time to make all these choices, and sometimes employers and workers just throw up their hands and don’t make any choices at all. This “choice overload” or “analysis paralysis” imposes significant costs on employers, workers, and government; and this article recommends a variety of ways to reduce those costs.


Reforming Teacher Pensions, Leigh Anenson 2013 University of Maryland

Reforming Teacher Pensions, Leigh Anenson

Leigh Anenson

Pension reform has taken center stage in the public policy debate as states struggle to deal with the fallout from the Great Recession. Retirement benefits are not only a critical component of income-maintenance for public retirees, but also a source of economic stimulus to every state economy. In this article, we integrate and extend the pension reform movements in law, education and economics by studying teacher pensions across the United States. Our interdisciplinary approach concentrates on defined benefit plans in states that do not contribute to Social Security. Focusing on this vulnerable and important group of government workers, we aim ...


The Shifting Focus Of Federal Intervention In Retiree Health Benefits, Susan E. Cancelosi 2013 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Shifting Focus Of Federal Intervention In Retiree Health Benefits, Susan E. Cancelosi

Nevada Law Journal

No abstract provided.


Reforming Teacher Pensions, Leigh Anenson 2013 University of Maryland

Reforming Teacher Pensions, Leigh Anenson

Leigh Anenson

Pension reform has taken center stage in the public policy debate as states struggle to deal with the fallout from the Great Recession. Retirement benefits are not only a critical component of income-maintenance for public retirees, but also a source of economic stimulus to every state economy. In this article, we integrate and extend the pension reform movements in law, education and economics by studying teacher pensions across the United States. Our interdisciplinary approach concentrates on defined benefit plans in states that do not contribute to Social Security. Focusing on this vulnerable and important group of government workers, we aim ...


How To Accomplish A Successful Tax-Free Pension Plan Rollover, Steven T. Graham 2013 Pepperdine University

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 ...


Employee Stock Ownership Plans And Corporate Takeovers: Restraints On The Use Of Esops By Corporate Officers And Directors To Avert Hostile Takeovers, Margaret E. McLean 2013 Pepperdine University

Employee Stock Ownership Plans And Corporate Takeovers: Restraints On The Use Of Esops By Corporate Officers And Directors To Avert Hostile Takeovers, Margaret E. Mclean

Pepperdine Law Review

In 1974, Congress enacted the Employee Retirement and Income Security Act (ERISA), which was designed to promote employee benefit plans and provide safeguards for the assets of the plans. An employee stock ownership plan is a device used by corporations which holds corporate stock as the primary asset of the employee benefit plan. Recently, corporate executives have seized the opportunity to use ESOPs as a defensive tactic for averting takeovers considered to be adverse to the corporation. However, provisions of ERISA, particularly relating to fiduciary duty, exclusive benefit, and prudence, seriously impede the use of an ESOP by incumbent management ...


Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost 2013 Selected Works

Policing Cost Containment: The Medicare Peer Review Organization Program, Timothy Stoltzfus Jost

Timothy S. Jost

This Article will first examine the problem of health care cost inflation and the payment strategies the Medicare program has adopted to address that problem. It will then discuss the perverse incentives that these payment strategies create, and the role of the PRO program in addressing harmful provider behavior encouraged by those perverse incentives. The Article examines evidence on whether the PRO program is succeeding or failing in this mission, and suggests possible means of improving the effectiveness of the PRO program in policing cost containment. Specifically, it recommends clarifying and strengthening the deterrent role of the PROs, crafting PRO ...


The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost 2013 Selected Works

The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost

Timothy S. Jost

No abstract provided.


Silent Victims Of The Financial Decline, Emily Hardy 2013 Loyola University Chicago, School of Law

Silent Victims Of The Financial Decline, Emily Hardy

Public Interest Law Reporter

No abstract provided.


The Public Pension Crisis , Jack M. Beermann 2013 Washington and Lee University School of Law

The Public Pension Crisis , Jack M. Beermann

Washington and Lee Law Review

Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not-toodistant future. This Article takes a look at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this Article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The Article then turns to ask if states could implement meaningful reforms without violating either state or federal law. In ...


Promises To Keep: Ensuring The Payment Of Americans' Pension Benefits In The Wake Of The Great Recession, Kenneth G. Dau-Schmidt 2013 Indiana University Maurer School of Law

Promises To Keep: Ensuring The Payment Of Americans' Pension Benefits In The Wake Of The Great Recession, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this essay, I examine the problem of designing a pension plan within the context of our larger public policy of encouraging workers to save for retirement. I discuss the various problems and risks inherent in encouraging workers to adequately save for retirement, invest those assets efficiently, and ensure the planned level of retirement consumption for the remainder of their lives. I also discuss the three major types of pension plans in the American retirement system, defined benefit, defined contribution, and hybrid, and assess how well each of these types of plans deals with the problems encountered in designing a ...


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