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- Retirement (5)
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- Health insurance (2)
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Articles 1 - 23 of 23
Full-Text Articles in Law
Distinguishing Between Coverage And Treatment Decisions Under Erisa Health Plans: What's Left Of Erisa Preemption?, Phyllis C. Borzi
Distinguishing Between Coverage And Treatment Decisions Under Erisa Health Plans: What's Left Of Erisa Preemption?, Phyllis C. Borzi
Buffalo Law Review
No abstract provided.
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
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
UF Law Faculty Publications
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 …
Privitizing Social Security: Administration And Implementation, Karen C. Burke, Grayson M.P. Mccouch
Privitizing Social Security: Administration And Implementation, Karen C. Burke, Grayson M.P. Mccouch
UF Law Faculty Publications
This article considers administrative issues that bear on the structure and implementation of any universal, mandatory system of personal accounts within the Social Security system. The central issues involve tradeoffs between relatively standardized, low-cost options with constrained individual choice and limited risk, on the one hand, and more flexible, higher-cost options with enhanced opportunities for individual control and greater risk, on the other hand. A centralized system modeled on the Thrift Savings Plan for federal employees could balance these goals by offering participants a relatively narrow range of investment and withdrawal options, with correspondingly low administrative costs and limited risks. …
Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore
Raising The Social Security Retirement Ages: Weighing The Costs And Benefits, Kathryn L. Moore
Law Faculty Scholarly Articles
The Social Security program faces a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Insurance ("OASDI") Trust Funds predicts that unless corrective action is taken, Social Security benefit payments will exceed dedicated tax revenues by the year 2015, and the Social Security program will become insolvent—unable to pay promised benefits in full-by the year 2037. As a result of this projected deficit, Social Security has become "a lightning rod for far reaching reform proposals."
Proposals range from "traditional" proposals that would maintain the basics of the program's revenue and benefit structure but would …
Stock Market Volatility And 401 (K) Plans, Colleen E. Medill
Stock Market Volatility And 401 (K) Plans, Colleen E. Medill
University of Michigan Journal of Law Reform
Many workers today depend on their 401(k) plan to provide them with an adequate income during retirement. For these workers to achieve retirement income security, their 401(k) plan investments must perform well over their working lifetime. Employers' selection of investment options for the 401(k) plan, a fiduciary duty under the Employee Retirement Income Security Act of 1974 (ERISA), plays a critical role in determining investment performance. In this Article, Professor Medill uses a series of hypothetical litigation scenarios to illustrate how interpretation of the employer's duty of prudence and duty of loyalty under ERISA present different policy choices for the …
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
Anastasoff V. United States And Appeals In Veterans' Cases, Charles G. Mills
The Journal of Appellate Practice and Process
Many cases regarding veterans' benefits are heard in the Federal Circuit. The Federal Circuit has a practice of issuing one sentence orders in some cases. This practice benefits veterans by allowing decisions adverse to veterans to be made without creating precedential value. Removing the practice of unpublished opinions in the Federal Circuit would extinguish this benefit.
Cross-Tested Defined Contribution Plans: A Response To Professor Zelinsky, Peter Orszag, Norman Stein
Cross-Tested Defined Contribution Plans: A Response To Professor Zelinsky, Peter Orszag, Norman Stein
Buffalo Law Review
No abstract provided.
Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson
Striking A Balance In The Cash Balance Plan Debate, Regina T. Jefferson
Buffalo Law Review
No abstract provided.
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Cross-Testing, Nondiscrimination, And New Comparability: A Rejoinder To Mr. Orszag And Professor Stein, Edward A. Zelinsky
Buffalo Law Review
No abstract provided.
The Limits Of Saving, Pamela Perun
Is Cross-Testing A Mistake? Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Is Cross-Testing A Mistake? Cash Balance Plans, New Comparability Formulas, And The Incoherence Of The Nondiscrimination Norm, Edward A. Zelinsky
Buffalo Law Review
No abstract provided.
Nor Rhyme Nor Reason: Simplifying Defined Contribution Plans, David A. Pratt
Nor Rhyme Nor Reason: Simplifying Defined Contribution Plans, David A. Pratt
Buffalo Law Review
No abstract provided.
The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky
The Cash Balance Controversy Revisited: Age Discrimination And Fidelity To Statutory Text, Edward A. Zelinsky
Faculty Articles
No abstract provided.
Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman
Domestic Partnership And Erisa Preemption, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Ensuring Health And Income Security For An Aging Workforce, Peter Budetti Editor, Richard V. Burkhauser Editor, Janice M. Gregory Editor, H. Allan Hunt Editor
Ensuring Health And Income Security For An Aging Workforce, Peter Budetti Editor, Richard V. Burkhauser Editor, Janice M. Gregory Editor, H. Allan Hunt Editor
Upjohn Press
The chapters explore implications of an aging workforce for a number of social programs in the coming decades, and point to the critical policy issues we must face when growing numbers of older workers begin to strain the capacity of those programs.
Reconciling The Erisa Fiduciary's Dual Responsibilities: The Third Circuit Adopts A Heightened Standard Of Review In Pinto V. Reliance Standard Life Insurance Co., Monica M. Lawrence
Reconciling The Erisa Fiduciary's Dual Responsibilities: The Third Circuit Adopts A Heightened Standard Of Review In Pinto V. Reliance Standard Life Insurance Co., Monica M. Lawrence
Villanova Law Review (1956 - )
No abstract provided.
The Best Of Times And The Worst Of Times: Lessons From Recent Reforms Of The French Retirement System, Kathryn L. Moore
The Best Of Times And The Worst Of Times: Lessons From Recent Reforms Of The French Retirement System, Kathryn L. Moore
Law Faculty Scholarly Articles
Principally because of increasing life expectancy and the fact that the baby boom generation is reaching retirement age and is followed by a much smaller generation, the American social security system is facing a long-term funding deficit. The Board of Trustees of the Federal Old-Age and Survivors and Disability Trust Funds predicts that unless corrective action is taken, social security benefits will exceed dedicated tax revenues by the year 2016, and the social security system will become insolvent, that is, unable to pay benefits in full, by the year 2038.
The United States is not alone in facing these circumstances. …
The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore
The Effects Of Partial Privatization Of Social Security Upon Private Pensions, Kathryn L. Moore
Law Faculty Scholarly Articles
Social Security does not provide retirement income in a vacuum. Rather, commentators often refer to our national retirement income system as a three legged stool, with Social Security representing one of the legs and employer sponsored pension plans and individual savings representing the other two legs. Because changes in one leg of the stool are likely to have a direct impact on the other two legs, policymakers must not consider Social Security changes in isolation, but should take account of their effect on employer-sponsored pensions and individual savings. This Article analyzes how one of the most popular proposals, partial privatization, …
Does A Life Insurance Subtrust Create A Prohibited Assignment Within A Qualified Plan?, 34 J. Marshall L. Rev. 727 (2001), Stephen Brooks
Does A Life Insurance Subtrust Create A Prohibited Assignment Within A Qualified Plan?, 34 J. Marshall L. Rev. 727 (2001), Stephen Brooks
UIC Law Review
No abstract provided.
Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason
Settlements And Waivers Affecting Pension Benefits Under Erisa, Eric D. Chason
Faculty Publications
Waivers affecting pension benefits may be entered into as part of a controversy (for example, a settlement agreement) or in isolation (for example, a disclaimer). Under current law, however, it is unclear how these waivers fit within the protections of ERISA, particularly the antialienation rule. Courts have generally honored settlement agreements so long as they are procedurally fair to participants. However, the antialienation rule looms in the background. The IRS and Treasury, in contrast, have focused on waivers outside the settlement context, prohibiting participants from making them but allowing beneficiaries to do so if the waiver satisfies gift-tax rules for …
Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson
Privatization: Not The Answer For Social Security Reform, Regina T. Jefferson
Scholarly Articles
This Article analyzes the impact of privatization on the existing Social Security program. Part I describes the structure and status of the current Social Security program Part II describes the principal elements of Social Security reform proposals. Part III critiques the private retirement system and its reliance on individual accounts as primary retirement savings vehicles, and demonstrates why this model is inappropriate as a replacement for the existing Social Security program. Part IV explores the impact of privatization on the public welfare function of Social Security and examines some of the weaknesses in many of the privatization proposals. The Article …
"The Most Glorious Story Of Failure In The Business": The Studebaker-Packard Corporation And The Origins Of Erisa, James A. Wooten
"The Most Glorious Story Of Failure In The Business": The Studebaker-Packard Corporation And The Origins Of Erisa, James A. Wooten
Journal Articles
The Studebaker-Packard Corporation occupies a distinctive place in the lore of the Employee Retirement Income Security Act of 1974. No single event is more closely associated with ERISA than the shutdown of the Studebaker plant in South Bend, Indiana. Soon after the plant closed in December 1963, Studebaker terminated the retirement plan for hourly workers, and the plan defaulted on its obligations. The plight of Studebaker employees quickly emerged as a symbol of the need for pension reform. This article examines the history of the Studebaker-Packard Corporation to understand why and how the shutdown came to play a role in …
How Does Dipping Into Your Pension Affect Your Retirement Wealth?, Gary V. Engelhardt
How Does Dipping Into Your Pension Affect Your Retirement Wealth?, Gary V. Engelhardt
Center for Policy Research
Although pensions, both public and private, are intended to provide income during retirement, a growing number of American workers receive part or all their employer-provided pensions in the form of a cash settlement, called a lump-sum distribution, when they change jobs. They have many choices of what to do with that money: for example, they can roll it over into an Individual Retirement Account (IRA), spend the money or pay or debt, transfer it to the pension plan of a new employer, or even leave the money with the old employer's pension plan. Policymakers are concerned that workers who spend …