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Articles 331 - 348 of 348
Full-Text Articles in Retirement Security Law
Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir
Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir
Michigan Law Review
This Note examines whether early retirement benefits are included among the liabilities that an employer must satisfy before that employer can receive a reversion of excess assets. Part I reviews the background of plan terminations and how they affect early retirement benefits. It also discusses the general structure of ERISA. Part II examines the controversy surrounding whether ERISA's definition of "accrued benefits" includes early retirement benefits. ERISA requires that employees receive all of their accrued benefits before the employers receive any reversions. However, the circuits have disagreed as to whether early retirement benefits are accrued benefits and, therefore, covered by …
Benefits Of Retirees: Negotiations And The Duty Of Fair Representation, 21 J. Marshall L. Rev. 513 (1988), Robert S. Bates Jr.
Benefits Of Retirees: Negotiations And The Duty Of Fair Representation, 21 J. Marshall L. Rev. 513 (1988), Robert S. Bates Jr.
UIC Law Review
No abstract provided.
The Slaughter Of The Innocent: Disagreement Regarding The Interpretation Of Section 402(A) "Rolls On"
Washington and Lee Law Review
No abstract provided.
The Concept Of Distributive Share In Worker Ownership Schemes, Vincent Gugino
The Concept Of Distributive Share In Worker Ownership Schemes, Vincent Gugino
In the Public Interest
No abstract provided.
Erisa - Escape Clauses In Employee Benefit Plans Are Unenforceable Under Erisa, Wayne Dillahey
Erisa - Escape Clauses In Employee Benefit Plans Are Unenforceable Under Erisa, Wayne Dillahey
Villanova Law Review (1956 - )
No abstract provided.
Erisa Arbitration - Participant In Unfunded Deferred Compensation Plan Required To Submit Claim To Enforce Terms Of Plan To Arbitration, Jennifer L. Bragg
Erisa Arbitration - Participant In Unfunded Deferred Compensation Plan Required To Submit Claim To Enforce Terms Of Plan To Arbitration, Jennifer L. Bragg
Villanova Law Review (1956 - )
No abstract provided.
Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler
Pension Plan Terminations And Asset Reversions: Accommodating The Interests Of Employers And Employees, Carl A. Butler
University of Michigan Journal of Law Reform
This Note focuses on the problems that often arise for plan participants when an overfunded defined benefit plan is terminated and the employer recaptures excess assets. Part I explains the relative ease with which employers can terminate plans and receive excess assets under current pension law. Part II argues that pension law must be reformed because its shortcomings threaten American workers' retirement income security, it allows for sham terminations that remove assets from plans that are, in fact, ongoing, and it usually allows excess assets to go to employers rather than employees. Part III discusses two reforms proposed for plan …
Internal Revenue Code Section 414(N): Congressional Authorization To Discriminate Among Retirement Plan Participants, David A. Channer
Internal Revenue Code Section 414(N): Congressional Authorization To Discriminate Among Retirement Plan Participants, David A. Channer
BYU Law Review
No abstract provided.
Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee
Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee
Indiana Law Journal
No abstract provided.
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk
West Virginia Law Review
No abstract provided.
Protecting Retired Workers From Inflation: Collective Bargaining For Retiree Benefits, Richard M. Bank, Thomas C. Woodruff
Protecting Retired Workers From Inflation: Collective Bargaining For Retiree Benefits, Richard M. Bank, Thomas C. Woodruff
University of Michigan Journal of Law Reform
The purpose of this article is to explore whether the collective bargaining process in its present form, or with certain modifications, can provide workers with meaningful protection against inflation. Part I evaluates the adequacy of the collective bargaining process by examining the internal dynamics of unions, the interests of employers and the application of the doctrine of fair representation to collective bargaining. After concluding that the current system inadequately protects retirees, Part II proposes alternative methods to strengthen the role of retirees in the collective bargaining process.
Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman
Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman
University of Michigan Journal of Law Reform
After examining the structure and tax consequences of ESOPs, this note will argue that ESOPs should guarantee employees full voting rights over securities transferred to them under such plans. This note will also propose that ESOPs can be used in employee takeovers of corporations as part of a plan to help prevent plant closings.
Labor Law--Collective Bargaining--The Retirement Benefits Of Retired Employees Are A Mandatory Subject Of Bargaining Because Retirees Are "Employees" Under The Nlra And Because Active Employees Have An Interest In Such Benefits--Pittsburgh Plate Glass Company, Chemical Division, Michigan Law Review
Michigan Law Review
This Recent Development will examine the substance and implications of the latter aspect of Pittsburgh Plate Glass, although it is only dictum in the case. The third ground of the Board's conclusion regarding retirement benefits was really only a general reiteration of the first two. It is therefore apparent that that ground is dependent upon the validity of either or both of the other two bases of the Board's conclusion.
The Report Of The President's Cabinet Committee On Private Pension Plan Regulation: An Appraisal, Thomas B. Ridgley
The Report Of The President's Cabinet Committee On Private Pension Plan Regulation: An Appraisal, Thomas B. Ridgley
Michigan Law Review
The growth of private employee pension plans in the American economy is astonishing. From 1953 to the end of 1964, the accumulation of assets of private pension funds has grown from 16.9 billion dollars to 75 billion dollars, with a projected accumulation of 225 billion dollars by 1980. At present, private retirement plans cover approximately 25 million workers, which is one-half of all employees in private non-farm establishments. Moreover, unions increasingly stress both the creation of pension plans where none exist and increased benefits from current plans. Thus, during the recent United Auto Workers negotiations the union sought and received …
Labor Law - Collective Bargaining- Compulsory Retirement As Discharge "Without Cause" Under Collective Bargaining Agreement, Douglas Peck S.Ed.
Labor Law - Collective Bargaining- Compulsory Retirement As Discharge "Without Cause" Under Collective Bargaining Agreement, Douglas Peck S.Ed.
Michigan Law Review
Plaintiff-employee was informed by the defendant, his employer, that his employment would be terminated because he had attained the age of sixty-five and it was the policy of the defendant to retire such employees. There was evidence indicating that this policy had been in practice uniformly for several years, but it was not incorporated in the collective bargaining agreement between defendant and plaintiff's union. Plaintiff sued for damages for violation of his rights under the collective agreement. Held, judgment for plaintiff. The legal and practical effect of compulsory retirement is the same as a discharge, and plaintiff's employment was …
Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers
Labor Law - Lmra - Stock Purchase Plan As Subject Of Compulsory Collective Bargaining, Edward W. Powers
Michigan Law Review
An employer unilaterally instituted a stock purchase plan, membership in which was voluntary and open to regular employees who had at least one year of service and were at least thirty years of age. Members, through authorized payroll deductions, were to contribute monthly not less than five dollars but not more than five percent of their earnings. The employer contributed monthly an amount equal to fifty percent of each member contribution and annually an amount dependent upon the ratio of profits to invested capital, up to a combined total of seventy-five percent of the members' contributions. Member contributions were kept …
The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch
The Problem Of Coverage, Charles J. Barnhill, William M. Bloom, W. Daniel Bretz Jr., John R. Danch
Indiana Law Journal
No abstract provided.
Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz
Some Aspects Of Coverage Of The Social Security Act: What Is "Employment"?, Peter Seitz
Indiana Law Journal
No abstract provided.