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Erisa Preemption Of Community Property Law—Francis V. United Technologies Corp., 458 F. Supp. 84 (N.D. Cal. 1978), Donald L. Shanks
Erisa Preemption Of Community Property Law—Francis V. United Technologies Corp., 458 F. Supp. 84 (N.D. Cal. 1978), Donald L. Shanks
Washington Law Review
The theory of modem domestic relations law—marriage as partnership—requires recognition of the non-employee spouse's ownership interest in the pension. This note challenges the Francis court's finding that recognition of the non-employee spouse's ownership interest was preempted by ERISA, concluding that Congress did not intend to bring about the regression in domestic relations law that Francis threatens.
Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs
Qualified Plans Under Erisa: Tax Shelter Or Bureaucratic Paper Chase?, Louise Cobb Boggs
University of Richmond Law Review
The enactment of the Employee Retirement Security Act of 1974 has had a profound and far-reaching impact upon existing employee benefit plans and upon those which have since been created. ERISA, as the act is commonly designated, is a comprehen- sive federal statute with strong consumer protection overtones which sets up strict requirements for regulating most aspects of the operation and administration of private employee benefit plans. Its primary goals are: (1) to protect benefit rights and to provide retirement security for the participants of employee benefit plans by setting out minimum standards for nondiscriminatory participation, vesting, benefit accrual, and …