Retirement Security Law Commons^™

Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle

William & Mary Law Review

No abstract provided.

Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin

Buffalo Law Review

No abstract provided.

Social Security In An Era Of Retrenchment: What Would Happen If The Social Security Trust Funds Were Exhausted?, Kathryn L. Moore

Law Faculty Scholarly Articles

Social Security's income, including interest income on the Social Security trust funds' reserves, currently exceeds costs. The system, however, is facing a long-term deficit. Specifically, the Social Security Trustees project that, unless the Social Security Act is amended, by 2033 the system's reserves will be depleted, and its income will only be sufficient to cover about 75 percent of scheduled benefits.

This article addresses two questions related to the funding of Social Security. Part I discusses what would happen if the Social Security trust funds were exhausted. Part II discusses whether Congress could amend the Social Security Act to reduce …

Disclosure To The Rescue: A Conceptual Framework For Retained Asset Accounts, Maria O'Brien

Faculty Scholarship

RAAs (Retained Asset Accounts) are a life insurance innovation that is likely of small value to most beneficiaries. In many cases, it will make the most financial sense for a beneficiary to write a check to himself for the entire policy proceeds and deposit those funds into an insured bank account. Some beneficiaries, however, may find the RAA device helpful. It is impossible to anticipate the myriad circumstances that beneficiaries may face at the time of an insured's death. As long as insurers provide full and clear disclosure (which ERISA fiduciary standards demand), consumers should remain free to choose an …

Letter Regarding Irs Form 8955-Ssa Participant Notice Requirement, Mia Midenjak, Ellen A. Bruce

Pension Action Center Publications

On April 27, 2012, the Pension Action Center wrote to the Internal Revenue Service to advocate for the pension rights of American workers and retirees. The Pension Action Center’s letter was prompted by a request from the American Society of Pension Professionals and Actuaries (ASPPA) that plans be relieved of their legal obligation to notify departing workers of their right to a pension.

Protect Your Pension: Important Documents You Should Keep, Mia Midenjak

Pension Action Center Publications

No matter what kind of pension or retirement plan your employer offers, you should keep certain documents indefinitely to ensure that your retirement benefit is paid correctly. Based on our experience with finding lost retirement income and assisting workers and retirees to get the benefits they have earned, we recommend that you save the following information.

What Determines Public Pension Investment Risk-Taking Policy?, Nancy Mohan, Ting Zhang

Employment Research Newsletter

No abstract provided.

What Is The Correct Standard Of Prudence In Employer Stock Cases?, 45 J. Marshall L. Rev. 541 (2012), José Martin Jara

UIC Law Review

No abstract provided.

Foreword: The Past, Present, And Future Of Supreme Court Jurisprudence On Erisa, 45 J. Marshall L. Rev. Xxv (2012), Colleen E. Medill

UIC Law Review

No abstract provided.

The Supreme Court Fills A Gaping Hole: Cigna Corp. V. Amara Clarifies The Scope Of Equitable Relief Under Erisa, 45 J. Marshall L. Rev. 767 (2012), Susan Harthill

UIC Law Review

No abstract provided.

Summary Plan Descriptions After Amara, 45 J. Marshall L. Rev. 811 (2012), David Pratt

UIC Law Review

No abstract provided.

Purpose Over Formality: Putting An End To The Catch-22 Preventing Workers From Speaking Up About Erisa Benefit Abuse, 45 J. Marshall L. Rev. 893 (2012), Lucas Walker

UIC Law Review

No abstract provided.

Vindicating Vulnerable Victims: Illinois's Efforts To Prevent Elder Financial Exploitation, Ashley Jaconetti

Public Interest Law Reporter

No abstract provided.

Retirees Beware: Don't Worry About The British, 'Taxmageddon' Is Coming, Douglas A. Kahn, Lawrence W. Waggoner

Articles

"Taxmageddon" is coming. Unless Congress extends the current rates or reaches an agreement on tax reform, dividends will then be taxed as ordinary income at a marginal rate as high as 39.6 % and net capital gains will then be taxed at 20%. For high-income taxpayers, a 3.8% Medicare surtax will be added to the taxation of net capital gains, dividend income, interest, and other investment income, bringing the highest marginal rate to 43.4%.

Combating Moral Hazard: The Case For Rationalizing Public Employee Benefits, Maria O'Brien

Faculty Scholarship

The current crisis in public employee benefits is a fairly conventional moral hazard story about overly generous promises made by both private sector employers and politicians spending public dollars. The private sector, forced by the Financial Accounting Standards Board (FASB) in 1993 to confront the true cost of promises made to future retirees, dealt with the newly discovered debt in a number of ways, including the termination of defined benefit plans which were quickly replaced by defined contribution plans. The public sector was also forced to confront its own largesse with the implementation of GASB 45 which focused careful attention …