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Do Esg Mutual Funds Deliver On Their Promises?, Quinn Curtis, Jill E. Fisch, Adriana Z. Robertson 2021 University of Virginia

Do Esg Mutual Funds Deliver On Their Promises?, Quinn Curtis, Jill E. Fisch, Adriana Z. Robertson

Faculty Scholarship at Penn Law

Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social issues. In response to these concerns, shareholders are increasingly focusing on environmental, social, and corporate governance (ESG) criteria in selecting investments, and asset managers are responding by offering a growing number of ESG mutual funds. The flow of assets into ESG is one of the most dramatic trends in asset management.

But are these funds giving investors what they promise? This question has attracted the attention of regulators, with the Department of Labor and the Securities and Exchange Commission (SEC ...


Kissing The Security Blanket Goodbye: How The Secure Act Will Affect Ira Beneficiaries’ Long-Term Financial Security, Cassidy J. Seamon 2021 Boston College Law School

Kissing The Security Blanket Goodbye: How The Secure Act Will Affect Ira Beneficiaries’ Long-Term Financial Security, Cassidy J. Seamon

Boston College Law Review

The Setting Every Community Up for Retirement Enhancement Act (the SECURE Act) offers many forms of new support for retirement savings to help more Americans better prepare for their retirement. It also includes a provision that eliminates the stretch payout option for the beneficiaries of inherited individual retirement arrangements (IRAs). Prior to the SECURE Act, beneficiaries of inherited IRAs were able to capitalize on the tax-deferred savings vehicles for the remainder of their lifetimes. After the SECURE Act, the period of tax-deferred investment for beneficiaries was limited to ten years. In eliminating the stretch payout option, Congress opted for a ...


Clashing Canons And The Contract Clause, T. Leigh Anenson, Jennifer K. Gershberg 2021 University of Maryland

Clashing Canons And The Contract Clause, T. Leigh Anenson, Jennifer K. Gershberg

University of Michigan Journal of Law Reform

This Article is the first in-depth examination of substantive canons that judges use to interpret public pension legislation under the Contract Clause of the U.S. Constitution and state constitutions. The resolution of constitutional controversies concerning pension reform will have a profound influence on government employment. The assessment begins with a general discussion of these interpretive techniques before turning to their operation in public pension litigation. It concentrates on three clashing canons: the remedial (purpose) canon, the “no contract” canon (otherwise known as the unmistakability doctrine), and the constitutional avoidance canon. For these three canons routinely employed in pension law ...


Table Of Contents, Seattle University Law Review 2021 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


God’S (Pension) Plan: Erisa Church Plan Litigation In The Aftermath Of Advocate Health Care Network V. Stapleton, Rebecca Miller 2020 Boston College Law School

God’S (Pension) Plan: Erisa Church Plan Litigation In The Aftermath Of Advocate Health Care Network V. Stapleton, Rebecca Miller

Boston College Law Review

The Employee Retirement Income Security Act of 1974 (ERISA) protects the pensions of American workers by placing vesting, funding, and fiduciary obligations on plan sponsors. “Church plans” established and maintained by church organizations, however, are exempt from the provisions of ERISA to avoid entanglement between church and state. After the enactment of ERISA and its church plan exemption, federal agencies and courts long-debated which pension plans qualified as church plans, culminating in the 2017 U.S. Supreme Court decision in Advocate Health Care Network v. Stapleton. In Stapleton, the Supreme Court adopted a broad interpretation of a church plan, under ...


Protect Your 401k When You Leave Your Job, Pension Action Center, University of Massachusetts Boston 2020 University of Massachusetts Boston

Protect Your 401k When You Leave Your Job, Pension Action Center, University Of Massachusetts Boston

Pension Action Center Publications

This fact sheet was produced by the Pension Action Center at the University of Massachusetts Boston in conjunction with the COVID-19 Rapid Response Systems Summer Institute, a joint partnership of Justice Catalyst, the People’s Parity Project, and the Systemic Justice Project.


How To Track Down Your Lost 401(K), Pension Action Center, University of Massachusetts Boston 2020 University of Massachusetts Boston

How To Track Down Your Lost 401(K), Pension Action Center, University Of Massachusetts Boston

Pension Action Center Publications

This fact sheet was produced by the Pension Action Center at the University of Massachusetts Boston in conjunction with the COVID-19 Rapid Response Systems Summer Institute, a joint partnership of Justice Catalyst, the People’s Parity Project, and the Systemic Justice Project.


The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda 2020 Marquette University Law School

The Emerging Law Of Portable Retirement Benefits, Paul M. Secunda

Chicago-Kent Law Review

No abstract provided.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Are Two Employers Better Than One? An Empirical Assessment Of Multiple-Employer Retirement Plans, Natalya Shnitser 2020 Boston College Law School

Are Two Employers Better Than One? An Empirical Assessment Of Multiple-Employer Retirement Plans, Natalya Shnitser

Boston College Law School Faculty Papers

At least 50% of Americans have not saved enough for retirement. This is in part due to a lack of access to employer-sponsored retirement plans. Nearly a third of the U.S. workforce is employed by businesses that choose not to sponsor workplace retirement plans for their employees. Moreover, plans set up by smaller employers tend to be plagued by high fees that eat away at retirement savings. To increase worker participation in low-cost retirement plans, lawmakers across the political spectrum have coalesced around reforms to allow more small employers to pool their assets and to centralize plan administration through ...


Opinion Analysis: Justices Unanimously Side With Retirement-Plan Participant In Plan Reading Of "Actual Knowledge", Natalya Shnitser 2020 Boston College

Opinion Analysis: Justices Unanimously Side With Retirement-Plan Participant In Plan Reading Of "Actual Knowledge", Natalya Shnitser

Boston College Law School Faculty Papers

In October of 2015, after Christopher Sulyma, a former Intel employee, sued Intel’s plan fiduciaries for imprudently managing the retirement plans sponsored by the company, Intel moved to dismiss the complaint as time-barred under Section 413(2) of the Employee Retirement Income Security Act of 1974.

Section 413(2) of ERISA imposes a three-year limitations period from the earliest date on which the plaintiff “had actual knowledge” of the alleged fiduciary breach. The three-year window under Section 413(2) shortens the six-year period that otherwise runs from the end of the fiduciary breach, violation or omission.

During the years ...


Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans’ Savings For Corporate Political Spending, Leo E. Strine Jr. 2020 Delaware Supreme Court

Fiduciary Blind Spot: The Failure Of Institutional Investors To Prevent The Illegitimate Use Of Working Americans’ Savings For Corporate Political Spending, Leo E. Strine Jr.

Washington University Law Review

For decades, American workers have been subjected to increasing pressure to become forced capitalists, in the sense that to provide for retirement for themselves, and to pay for college for their children, they must turn part of their income every month over to mutual funds who participate in 401(k) and 529 programs. These “Worker Investors” save for the long term, often hold portfolios that are a proxy for the entire economy, and depend on the economy’s ability to generate good jobs and sustainable growth in order for them to be able to have economic security. In recent years ...


Defined Contribution Plans And The Challenge Of Financial Illiteracy, Jill E. Fisch, Annamaria Lusardi, Andrea Hasler 2020 University of Pennsylvania Carey Law School

Defined Contribution Plans And The Challenge Of Financial Illiteracy, Jill E. Fisch, Annamaria Lusardi, Andrea Hasler

Faculty Scholarship at Penn Law

Retirement investing in the United States has changed dramatically. The classic defined-benefit (DB) plan has largely been replaced by the defined contribution (DC) plan. With the latter, individual employees’ decisions about how much to save for retirement and how to invest those savings determine the benefits available upon retirement.

We analyze data from the 2015 National Financial Capability Study to show that people whose only exposure to investment decisions is by virtue of their participation in an employer-sponsored 401(k) plan are poorly equipped to make sound investment decisions. Specifically, they suffer from higher levels of financial illiteracy than other ...


Cranston Police Retirees Action Comm. V. City Of Cranston, 208 A.3d 557 (R.I. 2019), Tyler Martin 2020 Candidate for Juris Doctor, Roger Williams University School of Law

Cranston Police Retirees Action Comm. V. City Of Cranston, 208 A.3d 557 (R.I. 2019), Tyler Martin

Roger Williams University Law Review

No abstract provided.


In Memory Of Professor James E. Bond, Janet Ainsworth 2020 Seattle University School of Law

In Memory Of Professor James E. Bond, Janet Ainsworth

Seattle University Law Review

Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Argument Analysis: Justices Skeptical Of Claim That Retirement-Plan Participants Have “Actual Knowledge” Of All Facts Included In Disclosure Documents, Natalya Shnitser 2019 Boston College Law School

Argument Analysis: Justices Skeptical Of Claim That Retirement-Plan Participants Have “Actual Knowledge” Of All Facts Included In Disclosure Documents, Natalya Shnitser

Boston College Law School Faculty Papers

The Supreme Court heard oral argument on Wednesday in Intel Corp. Investment Policy Committee v. Sulyma, a case that puts a spotlight on the disclosures that retirement plans provide to plan participants. Under the Employee Retirement Income Security Act of 1974 (ERISA), participants in employer-sponsored retirement plans have the right to challenge the prudence of decisions that plan fiduciaries make about the investment options available through the plan. ERISA sets time limits for bringing such suits. Section 413(1) of ERISA gives plaintiffs six years after the end of the fiduciary breach, violation or omission. Section 413(2) imposes a ...


Argument Preview: Court To Consider “Actual Knowledge” In Determining The Window For Filing Claims Against Retirement-Plan Fiduciaries, Natalya Shnitser 2019 Boston College Law School

Argument Preview: Court To Consider “Actual Knowledge” In Determining The Window For Filing Claims Against Retirement-Plan Fiduciaries, Natalya Shnitser

Boston College Law School Faculty Papers

Under the Employee Retirement Income Security Act of 1974 (ERISA), participants in employer-sponsored retirement plans – including 401(k) plans – have the right to challenge the prudence of decisions that plan fiduciaries make in selecting and managing the investment options available to participants. Participants must bring such suits within the time limits set by law. Section 413(1) of ERISA provides that claims must be brought within six years after the end of the fiduciary breach, violation or omission. Section 413(2) imposes a shorter limitation period when the participant has “actual knowledge” of the breach or violation. In such cases ...


Richard Kilgore V. Eleni Kilgore, 135 Nev. Adv. Op. 47 (Oct. 3, 2019), Aariel Williams 2019 University of Nevada, Las Vegas -- William S. Boyd School of Law

Richard Kilgore V. Eleni Kilgore, 135 Nev. Adv. Op. 47 (Oct. 3, 2019), Aariel Williams

Nevada Supreme Court Summaries

NRS 286.510 provides that the eligibility depends on an employee spouse’s effective date of membership in Nevada Public Employees’ Retirement System (“PERS”), profession, number of years served, and age. The Court determined that the time does not depend on whether the employee spouse’s PERS account has fully matured. NRS 125.155 provides district courts with discretion to deny or reduce a non-employee spouse’s request for pension payments before the employee spouse’s retirement. Further, under NRS 125.150(3), a party can seek adjudication of an asset mistakenly omitted from the divorce decree within three years ...


Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher 2019 St. Mary's University School of Law

Regulating Retirement: Understanding The Impact Of New Best Interest And Fiduciary Standards On Retail Investors, Michael Lichtmacher

St. Mary's Law Journal

Abstract forthcoming


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