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Articles 1 - 10 of 10
Full-Text Articles in Retirement Security Law
The Effects Of 401(K) Vesting Schedules—In Numbers, Samantha Prince, Timothy G. Azizkhan, Cassidy R. Prince, Luke Gorman
The Effects Of 401(K) Vesting Schedules—In Numbers, Samantha Prince, Timothy G. Azizkhan, Cassidy R. Prince, Luke Gorman
Faculty Scholarly Works
Many Americans terminate employment, voluntarily or involuntarily, prior to vesting in their 401(k) plans. This costs them a lot of money; it also saves companies a lot of money. Vesting schedules used by some 401(k) plans cause plan participants to forfeit significant portions of their compensation—employer contributions made on their behalf—that should be increasing their retirement savings. This money is recycled by such plans to offset their employer contribution obligations and other costs. We analyzed data from Form 5500s to identify trends in and implications of vesting schedule use by 408 single-employer 401(k) plans over the five-year period of 2018-2022. …
Social Security And Pension Reform: International Perspectives, Marek Szczepański Editor, John A. Turner Editor
Social Security And Pension Reform: International Perspectives, Marek Szczepański Editor, John A. Turner Editor
Upjohn Press
Countries around the world are reforming their social security and pension systems. International studies often focus on social security reforms in Europe and North America, and may include Latin America. Reforms, however, are also occurring in Asia and Africa, and include reforms of voluntary and employer-provided pensions as well as social security programs. This book discusses both social security and employer-provided pension reforms, as well as reforms in most regions of the world.
The Federal Common Law Of Vicarious Fiduciary Liability Under Erisa, Colleen E. Medill
The Federal Common Law Of Vicarious Fiduciary Liability Under Erisa, Colleen E. Medill
University of Michigan Journal of Law Reform
The Employee Retirement Income Security Act of 1974 ("ERISA"), the federal law that regulates employer-sponsored benefit plans, has a rich history of judiciallycreated federal common law. This Article explores the theoretical, policy, statutory, and stare decisis grounds for the development of another area offederal common law under ERISA-the incorporation of respondeat superior liability principles to impose ERISA fiduciary liability ("vicarious fiduciary liability") upon a corporation for the fiduciary activities of its employees or agents. The Article proposes that the federal courts should adopt a federal common law rule of vicarious fiduciary liability under ERISA based on the traditional scope of …
Encouraging Savings Under The Earned Income Tax Credit: A Nudge In The Right Direction, Vada Waters Lindsey
Encouraging Savings Under The Earned Income Tax Credit: A Nudge In The Right Direction, Vada Waters Lindsey
University of Michigan Journal of Law Reform
During 2007, 3.6 million or 9.7% of people in the United States age 65 or older were below the poverty level. In light of the number of elderly people living below the poverty level, it is important that everyone, including low-income workers, have the opportunity to save for retirement. Low-income workers face many challenges to saving for retirement. The barriers to saving include the lack of access to retirement plans and lack of investment savvy. For example, only 42 % of workers employed in service occupations in the private industry have access to employer retirement plans. The percentage drops to …
Pension Reform In The Aftermath Of Enron: Congress' Failure To Deliver The Promise Of Secure Retirement To 401 (K) Plan Participants, Janice Kay Lawrence
Pension Reform In The Aftermath Of Enron: Congress' Failure To Deliver The Promise Of Secure Retirement To 401 (K) Plan Participants, Janice Kay Lawrence
Kentucky Law Journal
No abstract provided.
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 …
Tapping "Rainy Day" Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur
Tapping "Rainy Day" Funds For The Reluctant Entrepreneur: Downsizing, Paternalism, And The Internal Revenue Code, Edward J. Gac, Wayne M. Gazur
Kentucky Law Journal
No abstract provided.
Rollover Of Retirement Plan Distributions: A Proposal To Eliminate The Dual Rollover Structure, Peter M. Van Zante
Rollover Of Retirement Plan Distributions: A Proposal To Eliminate The Dual Rollover Structure, Peter M. Van Zante
Kentucky Law Journal
No abstract provided.
Individual Retirement Savings Plans: A Mixed Blessing Conferred By Erisa, Carol M. Lambert
Individual Retirement Savings Plans: A Mixed Blessing Conferred By Erisa, Carol M. Lambert
Kentucky Law Journal
No abstract provided.
Federal Regulation Of Retirement Plans: The Quest For Parity, William J. Chadwick, David S. Foster
Federal Regulation Of Retirement Plans: The Quest For Parity, William J. Chadwick, David S. Foster
Vanderbilt Law Review
An analysis of the regulatory scheme behind the varied treatment of retirement plans reveals that many of the distinctions made are not justifiable. For example, an incorporated, one-man law firm with net income of $125,000 can make a deductible contribution to a money-purchase pension plan of $25,000. If the lawyer conducted his practice as a sole proprietorship, however, his annual deductible contribution would be limited to $7,500. The form in which the lawyer conducts his business determines the tax burden that he must assume in providing for his retirement. Thus, retirement parity remains unachieved, even after a comprehenisve revision of …