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Articles 1 - 11 of 11
Full-Text Articles in Law
The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten
The "Original Intent" Of The Federal Tax Treatment Of Private Pension Plans, James A. Wooten
Other Scholarship
No abstract provided.
Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland
Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland
Buffalo Law Review
No abstract provided.
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Indiana Law Journal
No abstract provided.
Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer
Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer
Buffalo Law Review
No abstract provided.
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
UF Law Faculty Publications
This Article examines the virtually unquestioned protection of retirement assets from creditors, in both state and federal law, with a view to determining whether tax qualification or even retirement itself is a sufficient rationale for preserving debtor assets in the face of creditors' claims, and if so, what the limits of such protection should be. The problems of current law stem in large part from the use of tax qualified status as a convenient shortcut for determining the appropriate bankruptcy treatment of retirement accounts. The result is a wide disparity in the treatment of debtors epitomized by the cases of …
The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner
The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner
Publications
No abstract provided.
Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron
Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron
Journal of Law and Health
This Paper will discuss the relevant statutes, case law and the Supreme Court's opinion in Geissal v. Moore Medical Corp. It concludes that the Supreme Court correctly reversed the Eighth Circuit's opinion in Geissal by applying the plain meaning of the statute and rejecting the "significant gap" theory. James Geissal was entitled to COBRA continuation coverage even though his wife had preexisting group health insurance coverage. The Fifth, Eleventh and Eigth Circuits' significant gap theory is not supported by the plain meaning of the statute or Congress' intent. The employee should have the choice to elect COBRA or decide whether …
Employee Benefits: Erisa Enhanced Benefit Claims And The Seventh Amendment: No Common Ground In The Tenth Circuit-- Adams V. Cyprus Amax Minerals Co., Amy Nixon
Oklahoma Law Review
No abstract provided.
Erisa - The Awarding Of Interest As Other Appropriate Equitable Relief Under Erisa: The Third Circuit Enlarges Interest Recovery In Fotta V. Trustees Of The United Mine Workers, M. Stacey Bach
Villanova Law Review
No abstract provided.
Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson
Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson
Scholarly Articles
This article analyzes the Medical Savings Account (MSA) program, and critiques its impact on the retirement and health care systems. The MSA program is an experimental health care program created by The Health Insurance Portability and Accountability Act of 1996. The program allows a limited number of small employers and self-employed individuals to establish MSAs during an experimental period. MSA funds may be used for medical expenses, or carried forward and accumulated tax-free as retirement savings. The underlying purpose of the MSA program is to reduce the cost of medical care by providing consumers greater incentives to be sensitive to …
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
UIC Law Review
No abstract provided.