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Articles 541 - 570 of 696
Full-Text Articles in Retirement Security Law
Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland
Looking For A Prince Among The Frogs: Solutions To Erisa's Preemptive Effect On Improving Health Care, Mk Gaedeke Roland
Buffalo Law Review
No abstract provided.
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Indiana Law Journal
No abstract provided.
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
Hidden In Plain View: The Pension Shield Against Creditors, Patricia E. Dilley
UF Law Faculty Publications
This Article examines the virtually unquestioned protection of retirement assets from creditors, in both state and federal law, with a view to determining whether tax qualification or even retirement itself is a sufficient rationale for preserving debtor assets in the face of creditors' claims, and if so, what the limits of such protection should be. The problems of current law stem in large part from the use of tax qualified status as a convenient shortcut for determining the appropriate bankruptcy treatment of retirement accounts. The result is a wide disparity in the treatment of debtors epitomized by the cases of …
Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer
Insuring The Protection Of Erisa Plan Participants: Erisa Preemption And The Federal Government's Duty To Regulate Self-Insured Health Plans, Dennis K. Schaeffer
Buffalo Law Review
No abstract provided.
Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson
Medical Savings Accounts: Windfalls For The Healthy, Wealthy, And Wise, Regina T. Jefferson
Scholarly Articles
This article analyzes the Medical Savings Account (MSA) program, and critiques its impact on the retirement and health care systems. The MSA program is an experimental health care program created by The Health Insurance Portability and Accountability Act of 1996. The program allows a limited number of small employers and self-employed individuals to establish MSAs during an experimental period. MSA funds may be used for medical expenses, or carried forward and accumulated tax-free as retirement savings. The underlying purpose of the MSA program is to reduce the cost of medical care by providing consumers greater incentives to be sensitive to …
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
Boggs V. Boggs: Creating Real-Life Cinderellas, 33 J. Marshall L. Rev. 271 (1999), Heather J. Rose
UIC Law Review
No abstract provided.
Erisa - The Awarding Of Interest As Other Appropriate Equitable Relief Under Erisa: The Third Circuit Enlarges Interest Recovery In Fotta V. Trustees Of The United Mine Workers, M. Stacey Bach
Villanova Law Review (1956 - )
No abstract provided.
Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron
Cobra Continuation Coverage And The Plain Reading Of The Statute: Geissal V. Moore Medical Corporation , Judith C. Brostron
Journal of Law and Health
This Paper will discuss the relevant statutes, case law and the Supreme Court's opinion in Geissal v. Moore Medical Corp. It concludes that the Supreme Court correctly reversed the Eighth Circuit's opinion in Geissal by applying the plain meaning of the statute and rejecting the "significant gap" theory. James Geissal was entitled to COBRA continuation coverage even though his wife had preexisting group health insurance coverage. The Fifth, Eleventh and Eigth Circuits' significant gap theory is not supported by the plain meaning of the statute or Congress' intent. The employee should have the choice to elect COBRA or decide whether …
Employee Benefits: Erisa Enhanced Benefit Claims And The Seventh Amendment: No Common Ground In The Tenth Circuit-- Adams V. Cyprus Amax Minerals Co., Amy Nixon
Oklahoma Law Review
No abstract provided.
The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner
The Roth Ira Cuts Federal Revenues, With No Benefit To Taxpayers, Michael Waggoner
Publications
No abstract provided.
Privatization Of Social Security: Misguided Reform, Kathryn L. Moore
Privatization Of Social Security: Misguided Reform, Kathryn L. Moore
Law Faculty Scholarly Articles
This article begins by briefly describing the social security program. It then discusses the reasons for social security's widespread popularity and its impending funding crisis. The article goes on to briefly describe some of the pending privatization proposals. The article concludes by discussing the practical and theoretical problems with privatizing social security. Specifically, it describes the investment risk participants face under a privatized system and the transition problems created by converting to such a system. Finally, this article explains why the privatization proposals promote misguided paternalism and misconceive the role social security should play in our national retirement system.
Redistribution Under A Partially Privatized Social Security System, Kathryn L. Moore
Redistribution Under A Partially Privatized Social Security System, Kathryn L. Moore
Law Faculty Scholarly Articles
Once viewed as a radical recommendation, proposals to privatize Social Security abound. Moreover, proposals to privatize partially Social Security are beginning to receive serious consideration. Accordingly, this Article will address the likely effect of partial privatization on Social Security's ability to redistribute income. For the purposes of this Article, privatization will refer to proposals that involve individuals directing their own pre-funded individual accounts and bearing the risk of investing in the private market and not to proposals that involve the federal government investing in the private market and bearing the risk. This Article will treat proposals that "add" a defined …
The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis
The Invisible Man: A Call To Empower Individual Participants And Beneficiaries Against Fiduciary Breachers In Erisa Plans, 31 J. Marshall L. Rev. 553 (1998), Andrea Koutoulogenis
UIC Law Review
No abstract provided.
Regulating The Managed Care Revolution: Private Accreditation And A New System Ethos, Barry R. Furrow
Regulating The Managed Care Revolution: Private Accreditation And A New System Ethos, Barry R. Furrow
Villanova Law Review (1956 - )
No abstract provided.
Hmo Liability For The Medical Negligence Of Member Physicians, Domenick C. Dicicco Jr.
Hmo Liability For The Medical Negligence Of Member Physicians, Domenick C. Dicicco Jr.
Villanova Law Review (1956 - )
No abstract provided.
Contracts Clause, Supreme Court, Appellate Division Third Department: B.O.C.E.S. For Sole Supervisory District Of Rockland County V. State Of New York
Touro Law Review
No abstract provided.
Pensions And Productivity, Stuart Dorsey, Christopher Mark Cornwell, David A. Macpherson
Pensions And Productivity, Stuart Dorsey, Christopher Mark Cornwell, David A. Macpherson
Upjohn Press
Employers typically view their investment in pension plans as a means of providing retirement income for their workers. Economists, on the other hand, view pension programs as a way to increase workplace productivity. Dorsey, Cornwell and Macpherson explore the theoretical and empirical basis for this perspective and, in the process, offer a complete and up-to-date discussion on the productivity theory of pensions.
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
Publications
No abstract provided.
Filling The Regulatory Void After Erisa: The Third Circuit's Employer First Rule In Coordination Of Benefits, Aileen A. Dowd
Filling The Regulatory Void After Erisa: The Third Circuit's Employer First Rule In Coordination Of Benefits, Aileen A. Dowd
Villanova Law Review (1956 - )
No abstract provided.
Ockham's Scalpel: A Return To A Reasonableness Standard, Ellen Wertheimer
Ockham's Scalpel: A Return To A Reasonableness Standard, Ellen Wertheimer
Villanova Law Review (1956 - )
No abstract provided.
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir
Washington and Lee Law Review
No abstract provided.
Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price
Preemption Between The Poles: Erisa's Effect On State Common Law Actions Other Than Benefit Claims, Troy A. Price
University of Arkansas at Little Rock Law Review
No abstract provided.
1996 Pension Simplification, David M. Graf
1996 Pension Simplification, David M. Graf
University of Arkansas at Little Rock Law Review
No abstract provided.
Distributions From Qualified Plans And Ira' S, Oregon Law Institute, Everett R. Moreland, Bruce J. Temkin, Deborah L. Thomas
Distributions From Qualified Plans And Ira' S, Oregon Law Institute, Everett R. Moreland, Bruce J. Temkin, Deborah L. Thomas
Oregon Law Institute, 1997
Course Materials from the June 13, 1997 Program in Portland
Dissolution, Death, And Taxes, Oregon Law Institute, Kevin F. Kerstiens, Michael A. Yates, M. Chris Helmer, Janine C. Blatt, Thomas I. Kramer, Stephen O. Lane, Carol G. Westendorf, John H. Rosenfeld, Joshua Kadish, Penny H. Surrurier, Susan E. Teller
Dissolution, Death, And Taxes, Oregon Law Institute, Kevin F. Kerstiens, Michael A. Yates, M. Chris Helmer, Janine C. Blatt, Thomas I. Kramer, Stephen O. Lane, Carol G. Westendorf, John H. Rosenfeld, Joshua Kadish, Penny H. Surrurier, Susan E. Teller
Oregon Law Institute, 1997
Course Materials from the May 16, 1997 Program in Portland
The Evolution Of Entitlement: Retirement Income And The Problem Of Integrating Private Pensions And Social Security, Patricia E. Dilley
The Evolution Of Entitlement: Retirement Income And The Problem Of Integrating Private Pensions And Social Security, Patricia E. Dilley
UF Law Faculty Publications
There are clear distinctions between the legal relationships creating private pension entitlement and Social Security benefit entitlement. Nonetheless, an analysis of the function and context of retirement income rights reveals that the presumed gulf between public and private rights in this area is not nearly so wide as it may at first seem. In this Article I examine the historical roots and evolution of the American system of entitlement to old-age income security in order to understand why in one technical area--the integration of private pension plans with Social Security--workers' presumed entitlement to private pensions is less secure than their …
Varity Corp. V. Howe: Will It Cause An Increase In Litigation Against Employers Who Administer Erisa Plans?, Tina Knight Kukanza
Varity Corp. V. Howe: Will It Cause An Increase In Litigation Against Employers Who Administer Erisa Plans?, Tina Knight Kukanza
Mercer Law Review
In Varity Corp. v. Howe, the United States Supreme Court held that section 502(a)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA") authorizes an award of relief to an individual for a breach of fiduciary duty by the administrator of an employee benefit plan covered by ERISA and affirmed the relief awarded.
A Cultural Exchange: Singapore And The United States Can Learn From Each Other In Restructuring Social Security Plans, Ken J. Moyle
A Cultural Exchange: Singapore And The United States Can Learn From Each Other In Restructuring Social Security Plans, Ken J. Moyle
Washington International Law Journal
Singapore and the United States approach the concept of retirement income replacement from different directions. The United States relies on the OASDI component of the Social Security Act, a tax-based intergenerational transfer program, while Singapore operates under the Central Provident Fund Act, which requires workers and their employers to contribute to a compulsory savings scheme. Elements of each program conflict with the cultural values of the society it serves, and each society could benefit from adopting certain components and underlying concepts of the other's national retirement plan.
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.
Cigna Healthplan Of Louisiana, Inc. V. Louisiana: Unwilling To Save Louisiana's Any Willing Provider Statute From Erisa Preemption, Colleen C. Donnelly
Cigna Healthplan Of Louisiana, Inc. V. Louisiana: Unwilling To Save Louisiana's Any Willing Provider Statute From Erisa Preemption, Colleen C. Donnelly
Villanova Law Review (1956 - )
No abstract provided.