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Retirement Security Law Commons™

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696 full-text articles. Page 18 of 20.

Beck Vs. Pace International Union: A Mask Of Unanimity To Conceal Disagreement And Confusion, Sharon Hritz 2013 Pepperdine University

Beck Vs. Pace International Union: A Mask Of Unanimity To Conceal Disagreement And Confusion, Sharon Hritz

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Pension Action Center, Michele Tolson, Pension Action Center, University of Massachusetts Boston, Gerontology Institute, University of Massachusetts Boston 2013 University of Massachusetts Boston

Pension Action Center, Michele Tolson, Pension Action Center, University Of Massachusetts Boston, Gerontology Institute, University Of Massachusetts Boston

Office of Community Partnerships Posters

The Pension Action Center (PAC) strives to improve retirees’ and workers’ standard of living in retirement through individual case advocacy; referrals to appropriate programs and professionals; and issue analysis and reform of public policy. The center, which is part of the Gerontology Institute at UMass Boston, focuses on the experience of participants in retirement plans throughout its work. The PAC is a one-of-a-kind organization in New England that touches the lives of thousands of people.


The Shifting Focus Of Federal Intervention In Retiree Health Benefits, Susan E. Cancelosi 2013 University of Nevada, Las Vegas -- William S. Boyd School of Law

The Shifting Focus Of Federal Intervention In Retiree Health Benefits, Susan E. Cancelosi

Nevada Law Journal

No abstract provided.


Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher 2013 Texas A&M University School of Law

Thoughts On The Latest Battles Over Erisa's Remedies, Brendan S. Maher

Faculty Scholarship

It is extraordinarily unlikely that the drafters of ERISA foresaw the effect the statute would have on federal courts and American economic life. It was originally conceived as a "pension bill of rights" designed to ensure that workers received the fixed monthly pension payment (based on tenure and average salary) that they had been promised. It grew, however, into the most litigated statute in the United States Code; to govern increasingly popular individual retirement savings accounts, e.g., 401(k) accounts;4 to be the central statute regulating employment based health insurance, which covers over one hundred and sixty million people; to be …


How To Accomplish A Successful Tax-Free Pension Plan Rollover, Steven T. Graham 2013 Pepperdine University

How To Accomplish A Successful Tax-Free Pension Plan Rollover, Steven T. Graham

Pepperdine Law Review

Advising a client how to accomplish a tax-free rollover from one pension plan to another has been an area of confusion for the general practitioner. In order to end this confusion the author examines recent statutory amendments, Internal Revenue Service rulings and the Employee Retirement Income Security Act. The author then outlines, in conjunction with the recent changes in the law, potential pension plan rollover scenarios that can aid the client. After a thorough discussion of the available rollovers and the benefits and drawbacks of each, the author concludes with a chart designed to provide quick identification of the most …


Employee Stock Ownership Plans And Corporate Takeovers: Restraints On The Use Of Esops By Corporate Officers And Directors To Avert Hostile Takeovers, Margaret E. McLean 2013 Pepperdine University

Employee Stock Ownership Plans And Corporate Takeovers: Restraints On The Use Of Esops By Corporate Officers And Directors To Avert Hostile Takeovers, Margaret E. Mclean

Pepperdine Law Review

In 1974, Congress enacted the Employee Retirement and Income Security Act (ERISA), which was designed to promote employee benefit plans and provide safeguards for the assets of the plans. An employee stock ownership plan is a device used by corporations which holds corporate stock as the primary asset of the employee benefit plan. Recently, corporate executives have seized the opportunity to use ESOPs as a defensive tactic for averting takeovers considered to be adverse to the corporation. However, provisions of ERISA, particularly relating to fiduciary duty, exclusive benefit, and prudence, seriously impede the use of an ESOP by incumbent management …


Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport 2013 UIC School of Law

Public Policy And Consumer Disclosure For The Income Annuity Market, 46 J. Marshall L. Rev. 795 (2013), Kelli Hueler, Paula Hogan, Anna Rappaport

UIC Law Review

No abstract provided.


The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis 2013 UIC School of Law

The Tracker Plan: A Controlled Risk Defined Contribution Retirement Program, 46 J. Marshall L. Rev. 681 (2013), Rowland Davis

UIC Law Review

No abstract provided.


Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner 2013 UIC School of Law

Longevity Insurance: Strengthening Social Security For Older Retirees, 46 J. Marshall L. Rev. 843 (2013), John A. Turner

UIC Law Review

No abstract provided.


The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy 2013 John Marshall Law School

The 11th Annual Employee Benefits Symposium: America's Retirement Crisis: What Can Be Done, 46 J. Marshall L. Rev. Xxiii (2013), Kathryn J. Kennedy

UIC Law Review

No abstract provided.


The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle 2013 UIC School of Law

The "Crisis" In Retirement Security: Social Security Is The Answer, Not The Problem, 46 J. Marshall L. Rev. 719 (2013), Martha Holstein, Kristen Pavle

UIC Law Review

No abstract provided.


Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui 2013 UIC School of Law

Addressing The Challenges Women Face In Retirement: Improving Social Security, Pensions, And Ssi, 46 J. Marshall L. Rev. 749 (2013), Joan Entmacher, Amy Matsui

UIC Law Review

No abstract provided.


Retirement Revolution: Unmitigated Risks In The Defined Contribution Society, Anne M. Tucker 2013 Georgia State University College of Law

Retirement Revolution: Unmitigated Risks In The Defined Contribution Society, Anne M. Tucker

Faculty Publications By Year

A revolution in the retirement landscape over the last several decades shifted the predominant savings vehicle from traditional pensions (a defined benefit plan) to self-directed accounts like the 401(k) (a defined contribution plan) and has drastically changed how people invest in the stock market and why. The prevalence of self-directed, defined contribution plans has created our defined contribution society and a new class of investors — the citizen shareholders — who enter private securities market through self-directed retirement plans, invest for long-term savings goals and are predominantly indirect shareholders. With 90 million Americans invested in mutual funds, and nearly 75 …


The Public Pension Crisis , Jack M. Beermann 2013 Washington and Lee University School of Law

The Public Pension Crisis , Jack M. Beermann

Washington and Lee Law Review

Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not-toodistant future. This Article takes a look at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this Article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The Article then turns to ask if states could implement meaningful reforms without violating either state or federal law. In …


Silent Victims Of The Financial Decline, Emily Hardy 2013 Loyola University Chicago, School of Law

Silent Victims Of The Financial Decline, Emily Hardy

Public Interest Law Reporter

No abstract provided.


The Public Pension Crisis, Jack M. Beermann 2013 Boston University School of Law

The Public Pension Crisis, Jack M. Beermann

Faculty Scholarship

Unfunded employee pension obligations will present a serious fiscal problem to state and local governments in the not too distant future. This article takes a looks at the causes and potential cures for the public pension mess, mainly through the lens of legal doctrines that limit public employers’ ability to avoid obligations. As far as the causes are concerned, this article examines the political environment within which public pension promises are made and funded, as an attempt to understand how this occurred. The article then turns to ask if states could implement meaningful reforms without violating either state or federal …


The Case For Public Pension Reform: Early Evidence From Kentucky, Maria O'Brien 2013 Boston University School of Law

The Case For Public Pension Reform: Early Evidence From Kentucky, Maria O'Brien

Faculty Scholarship

Kentucky has managed to effect major changes to some of its pension plans in the face of poor funding ratios that threatened to swamp other budget priorities. At this point it is unclear whether the reforms are deep enough to bring the plans funding levels in line with those of “healthy” states like Wisconsin. It is also unclear whether there is the political will in other jurisdictions to curb costs by moving to defined contribution or hybrid cash balance vehicles. Transparency combined with a fear that pension obligations would soon swamp all other state budget priorities appears to have been …


Promises To Keep: Ensuring The Payment Of Americans' Pension Benefits In The Wake Of The Great Recession, Kenneth G. Dau-Schmidt 2013 Indiana University Maurer School of Law

Promises To Keep: Ensuring The Payment Of Americans' Pension Benefits In The Wake Of The Great Recession, Kenneth G. Dau-Schmidt

Articles by Maurer Faculty

In this essay, I examine the problem of designing a pension plan within the context of our larger public policy of encouraging workers to save for retirement. I discuss the various problems and risks inherent in encouraging workers to adequately save for retirement, invest those assets efficiently, and ensure the planned level of retirement consumption for the remainder of their lives. I also discuss the three major types of pension plans in the American retirement system, defined benefit, defined contribution, and hybrid, and assess how well each of these types of plans deals with the problems encountered in designing a …


Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. McGonigle 2012 William & Mary Law School

Applying Equitable Estoppel To Erisa Pension Benefit Claims, Adam S. Mcgonigle

William & Mary Law Review

No abstract provided.


Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin 2012 Thurgood Marshall School of Law

Hope Or Hype?: Why The Affordable Care Act's New External Review Rules For Denied Erisa Healthcare Claims Need More Reform, Katherine T. Vukadin

Buffalo Law Review

No abstract provided.


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