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Full-Text Articles in Law
Fifth Annual National Benefits & Social Insurance Conference, Natalya Shnitser
Fifth Annual National Benefits & Social Insurance Conference, Natalya Shnitser
Natalya Shnitser
No abstract provided.
2016 Aals Annual Meeting - Employee Benefits And Executive Compensation Section, Natalya Shnitser
2016 Aals Annual Meeting - Employee Benefits And Executive Compensation Section, Natalya Shnitser
Natalya Shnitser
"The State of the ACA After King v. Burwell"
Trusts No More: Rethinking The Regulation Of Retirement Savings In The United States, Natalya Shnitser
Trusts No More: Rethinking The Regulation Of Retirement Savings In The United States, Natalya Shnitser
Natalya Shnitser
The regulation of private and public pension plans in the United States begins with the premise that employer-sponsored plans resemble traditional donative, or gift, trusts. Accordingly, the Employee Retirement Income Security Act of 1974 (ERISA) famously “imports” major principles of donative trust law for the regulation of private employer-sponsored pension plans. Statutes regulating state and local government pension plans likewise routinely invoke the structure and standards applicable to donative trusts. Judges, in turn, adjudicate by analogy to the common law trust.
This Article identifies the flaws in the analogy and analyzes the shortcomings of a regulatory framework that, despite dramatic changes in the nature of modern pension benefits, still …