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Articles 481 - 510 of 696
Full-Text Articles in Retirement Security Law
A Plain Meaning Interpretation Of Erisa’S Preemption And Saving Clauses: In Support Of A State Law Preemption Of Section 1132(A) Of Erisa’S Civil Enforcement Provisions
San Diego Law Review
Most of that change has involved the direction in which the Court has taken its interpretation of the phrase “relate to” as contained in ERISA’s express preemption clause. Changing course after approximately twenty-five years of expansively interpreting the preemption clause, the Court has moved from a very broad interpretation of “relate to,” as announced in Pilot Life v. Dedeaux, to a more practical, case-by-case evaluation that principally asks whether a disputed state law interferes with ERISA’s purposes and objectives, as discussed in New York State Conference of Blue Cross & Blue Shield Plans v. Travelers Insurance Co1 If the state …
Medicare Meets Mephistopheles, David A. Hyman
Medicare Meets Mephistopheles, David A. Hyman
Washington and Lee Law Review
No abstract provided.
The Politics Of Medicare Reform, Jonathan Oberlander
The Politics Of Medicare Reform, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Medicare And Political Analysis: Omissions, Understandings, And Misunderstandings, Theodore Marmor, Spencer Martin, Jonathan Oberlander
Washington and Lee Law Review
No abstract provided.
Modernizing Medicare's Benefit Structure, Marilyn Moon
Modernizing Medicare's Benefit Structure, Marilyn Moon
Washington and Lee Law Review
No abstract provided.
What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly
What If Technology Never Stops Improving? Medicare's Future Under Continuous Cost Increases, Mark V. Pauly
Washington and Lee Law Review
No abstract provided.
Paying For Quality And Doing It Right, Robert A. Berenson
Paying For Quality And Doing It Right, Robert A. Berenson
Washington and Lee Law Review
No abstract provided.
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Beyond Beneficiaries: Using The Medicare Program To Accomplish Broader Public Goals, Dean M. Harris
Washington and Lee Law Review
No abstract provided.
Mediating With An 800-Pound Gorilla: Medicare And Adr, Phyllis E. Bernard
Mediating With An 800-Pound Gorilla: Medicare And Adr, Phyllis E. Bernard
Washington and Lee Law Review
No abstract provided.
Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney
Medicare Coverage Decision-Making And Appeal Procedures: Can Process Meet The Challenge Of New Medical Technology?, Eleanor D. Kinney
Washington and Lee Law Review
No abstract provided.
The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost
The Future Of Medicare, Post Great Society And Post Plus-Choice: Legal And Policy Issues--Foreword, Timothy Stoltzfus Jost
Washington and Lee Law Review
No abstract provided.
If Paying For Quality Is Such A Bad Idea, Why Is Everyone For It?, Bruce C. Vladeck
If Paying For Quality Is Such A Bad Idea, Why Is Everyone For It?, Bruce C. Vladeck
Washington and Lee Law Review
No abstract provided.
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
The Administration Of Medicare: A Neglected Issue, Thomas H. Stanton
Washington and Lee Law Review
No abstract provided.
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Facing The Aging Wave: Proposed Social Security Reform In The Philippines, Les Coughran
Washington International Law Journal
The Philippines's Social Security System is eroding because of demographic changes. These changes have tipped the financial balance, which incremental design changes have failed to restore. The system contains weaknesses that are exacerbated by limited financial transparency and poor asset management. International social security systems, designed to include public defined benefit programs, public hypothetical account programs, publicly mandated defined contribution programs, and/or private sphere components, provide the Philippines with examples of alternate national systems. While each of these components alleviates certain risks, no single component is comprehensive in safeguarding against demographic, economic, or inflationary risks. This Comment asserts that the …
Forward, 37 J. Marshall L. Rev. Xiii (2003), David Wray
Forward, 37 J. Marshall L. Rev. Xiii (2003), David Wray
UIC Law Review
No abstract provided.
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.
Erisa Preemption: Whether State Common Law Doctrines Of Substantial Compliance Fall Under The Purview Of Erisa, Jennifer Howard
Erisa Preemption: Whether State Common Law Doctrines Of Substantial Compliance Fall Under The Purview Of Erisa, Jennifer Howard
Kentucky Law Journal
No abstract provided.
The Enron Pension Disaster, David K. Millon
Pension Simplification, 35 J. Marshall L. Rev. 565 (2002), David A. Pratt
Pension Simplification, 35 J. Marshall L. Rev. 565 (2002), David A. Pratt
UIC Law Review
No abstract provided.
Another Look At 401(K) Plan Investments In Employer Securities, 35 J. Marshall L. Rev. 539 (2002), Susan J. Stabile
Another Look At 401(K) Plan Investments In Employer Securities, 35 J. Marshall L. Rev. 539 (2002), Susan J. Stabile
UIC Law Review
No abstract provided.
Phased Retirement Programs For The Twenty-First Century Workplace, 35 J. Marshall L. Rev. 633 (2002), Pamela Perun
Phased Retirement Programs For The Twenty-First Century Workplace, 35 J. Marshall L. Rev. 633 (2002), Pamela Perun
UIC Law Review
No abstract provided.
Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall
Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall
UIC Law Review
No abstract provided.
Assumption-Of-The-Risk Retirement?: A Survey Of Recent "Serious Consideration" Case Law, 37 J. Marshall L. Rev. 159 (2003), Kyle Murray
UIC Law Review
No abstract provided.
Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci
Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci
UIC 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. …
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.
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 …