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Retirement Security Law Commons™

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Articles 631 - 660 of 696

Full-Text Articles in Retirement Security Law

Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken Jan 1985

Is An Ira Exempt Property Under The Kentucky Exemption Statute Krs Section 427.150(1)(B)?, Kevin Charles Dicken

Kentucky Law Journal

No abstract provided.


The Economics Of Aging, Myron H. Ross Editor Jan 1985

The Economics Of Aging, Myron H. Ross Editor

Upjohn Press

Retirement-related issues are discussed including social security, healthcare, and inflation.


Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review Oct 1984

Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review

Michigan Law Review

This Note argues that the two federal statutes are exempting statutes under section 522(b)(2)(A), and thus BRISA funds should be exempt in a bankruptcy action when the debtor uses the state exemption scheme. Part I argues that standard principles of statutory interpretation, as applied to the language of the bankruptcy statute, refute the possibility that Congress intended the list of statutes in the legislative history to be exclusive. Having established that statutes other than those listed may be included under section 522(b )(2)(A), Part II first refutes the argument that the absence of BRISA from the list of exempting statutes …


Compensation For Pension Benefit Losses In Unlawful Dismissal, G. England, E. Gardner May 1984

Compensation For Pension Benefit Losses In Unlawful Dismissal, G. England, E. Gardner

Dalhousie Law Journal

This paper describes, firstly, how the "real-world" pension benefit losses of an unlawfully dismissed employee are dictated by three main variables: the benefit structure of the plan; the legal structure of the plan; and the employee's position in the labour market. Secondly, it shows that the common law measure of damages in a wrongful dismissal action fails to compensate adequately those losses. In contrast, the measures of damages in collective agreement arbitration, and in adjudication pursuant to section 61.5 of the Canada Labour Code' create the potential for a more realistic approach to compensating the employee for his "real-world" losses. …


For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone Jan 1984

For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone

Faculty Publications

No abstract provided.


A Perspective Of The Qualified Plan Tax Subsidy, Michael A. Oberst Oct 1983

A Perspective Of The Qualified Plan Tax Subsidy, Michael A. Oberst

Buffalo Law Review

No abstract provided.


Erisa: Is Employee Retirement Income Really Secure?, Richard D. Furlong Apr 1983

Erisa: Is Employee Retirement Income Really Secure?, Richard D. Furlong

In the Public Interest

No abstract provided.


Bankruptcy - Section 522(D)(10)(E) - Debtor May Not Exempt Future Keogh Fund Payments From The Bankruptcy Estate, Thomas G. Spencer Jan 1983

Bankruptcy - Section 522(D)(10)(E) - Debtor May Not Exempt Future Keogh Fund Payments From The Bankruptcy Estate, Thomas G. Spencer

Villanova Law Review (1956 - )

No abstract provided.


The Multiemployer Pension Plan Amendment Act Of 1980: The Defeat Of Employer Reliance Interests In Peick V. Pension Benefit Guaranty Corporation, Alan J. Bozer Jan 1983

The Multiemployer Pension Plan Amendment Act Of 1980: The Defeat Of Employer Reliance Interests In Peick V. Pension Benefit Guaranty Corporation, Alan J. Bozer

Buffalo Law Review

No abstract provided.


Policy Issues In Work And Retirement, Herbert S. Parnes Editor Jan 1983

Policy Issues In Work And Retirement, Herbert S. Parnes Editor

Upjohn Press

This is a collection of papers that focuses on the human resource implications of individual and population aging.


Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee Oct 1982

Multiple Legal Representation Of Erisa Plans And Employers Following Allegations Of Fraud And Malfeasance, Elwyn C. Lee

Indiana Law Journal

No abstract provided.


The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey May 1982

The Federal Military Retirement System Preempts State Community Property Law At Divorce: Mccarty V. Mccarty, Samuel D. Mcvey

BYU Law Review

No abstract provided.


Mccarty V. Mccarty: A Former Spouse's Claim To A Service Member's Military Retired Pay Is Shot Down, Sandra D. Oliszewicz Jan 1982

Mccarty V. Mccarty: A Former Spouse's Claim To A Service Member's Military Retired Pay Is Shot Down, Sandra D. Oliszewicz

Loyola University Chicago Law Journal

No abstract provided.


Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen Jan 1982

Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen

Faculty Scholarship

No abstract provided.


Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk Jun 1981

Counseling The Coal Miner Suffering From Respiratory Disease, Gail Falk

West Virginia Law Review

No abstract provided.


Individual Retirement Accounts: Reflections On Some Unanswered Questions, Jeffrey G. Sherman Mar 1981

Individual Retirement Accounts: Reflections On Some Unanswered Questions, Jeffrey G. Sherman

All Faculty Scholarship

No abstract provided.


Protecting Retired Workers From Inflation: Collective Bargaining For Retiree Benefits, Richard M. Bank, Thomas C. Woodruff Jan 1981

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.


Erisa Preemption Of Community Property Law—Francis V. United Technologies Corp., 458 F. Supp. 84 (N.D. Cal. 1978), Donald L. Shanks Apr 1980

Erisa Preemption Of Community Property Law—Francis V. United Technologies Corp., 458 F. Supp. 84 (N.D. Cal. 1978), Donald L. Shanks

Washington Law Review

The theory of modem domestic relations law—marriage as partnership—requires recognition of the non-employee spouse's ownership interest in the pension. This note challenges the Francis court's finding that recognition of the non-employee spouse's ownership interest was preempted by ERISA, concluding that Congress did not intend to bring about the regression in domestic relations law that Francis threatens.


Leaving Early: Perspectives And Problems In Current Retirement Practice And Policy, Jeanne P. Gordus Jan 1980

Leaving Early: Perspectives And Problems In Current Retirement Practice And Policy, Jeanne P. Gordus

Upjohn Press

Examines the key issues surrounding the trend in early retirement.


Attorney's Liabilities Under Erisa, David L. Campbell Sep 1979

Attorney's Liabilities Under Erisa, David L. Campbell

West Virginia Law Review

No abstract provided.


Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr Jan 1979

Fiduciary Standards As Applied Under Erisa, Rosemary B. Orr

Fordham Urban Law Journal

The Employee Retirement Income Security Act (ERISA) resulted in large changes in the laws of private pensions. However, with the use of exculpatory and indemnification provisions, ERISA has been limited in its ability to enhance the strength of fiduciary requirements for pension trustees. This comment examines the statutory language of ERISA and looks to understand judicial interpretation to look to the future of ERISA.


Pre-Retirement Qualified Plan Pay-Outs Under Erisa, Harry V. Lamon, John W. Lee Apr 1978

Pre-Retirement Qualified Plan Pay-Outs Under Erisa, Harry V. Lamon, John W. Lee

Faculty Publications

No abstract provided.


Toward The Equitable Establishment And Administration Of Pension Plans: Teaming Erisa With The Securities Laws, Michael D. Mccormick Jan 1978

Toward The Equitable Establishment And Administration Of Pension Plans: Teaming Erisa With The Securities Laws, Michael D. Mccormick

Loyola University Chicago Law Journal

No abstract provided.


Employee Stock Ownership Plans, Voting Rights, And Plant Closings, Jonathan Barry Forman Oct 1977

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.


Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee Oct 1977

Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee

Faculty Publications

No abstract provided.


Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee Jan 1977

Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee

Loyola University Chicago Law Journal

No abstract provided.


Still Short Of Its Goal: A Critical Look At Individual Retirement Accounts, Peter A. Arntson Jan 1977

Still Short Of Its Goal: A Critical Look At Individual Retirement Accounts, Peter A. Arntson

Washington and Lee Law Review

No abstract provided.


Fiduciaries Under Erisa: A Narrow Path To Tread, H. Stennis Little, Jr., Larry T. Thrailkill Jan 1977

Fiduciaries Under Erisa: A Narrow Path To Tread, H. Stennis Little, Jr., Larry T. Thrailkill

Vanderbilt Law Review

The Employee Retirement Income Security Act of 1974'(ERISA) introduced a new era for a broad spectrum of American society. The new Act had a startling impact not only upon pension plan sponsors, participants, and beneficiaries, but also upon the myriad group of individuals and institutions providing services,advice, and counsel to the pension industry. This article primarily will consider the new law as it affects the fiduciary, creating new responsibilities and increased liability. Several areas in which the new law creates special problems then will be considered.


Credited Service After Erisa, John W. Lee Jul 1976

Credited Service After Erisa, John W. Lee

Faculty Publications

No abstract provided.


The "Elaborate Interweaving Of Jurisdiction": Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee Apr 1976

The "Elaborate Interweaving Of Jurisdiction": Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee

Faculty Publications

No abstract provided.