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Retirement Security Law Commons

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2009

Discipline
Institution
Keyword
Publication
Publication Type

Articles 1 - 15 of 15

Full-Text Articles in Retirement Security Law

Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli Nov 2009

Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli

Paula A Monopoli

Congress is considering pension reform in the wake of the tremendous loss in market value of retirement plans during the current recession. This article suggests that this is a historic moment to remedy a previously unidentified, unintended but profound gender disparity embedded in the federal law governing retirement plans in this country. It explores the common perception that while contemporary law and policy aim to facilitate equality within marriage, including in the area of property ownership, embracing equitable distribution in reallocating property upon divorce, the Employment Retirement Income Security Act’s (ERISA) structuring of retirement asset accumulation runs counter to ...


Social Security: How It Works And How To Fix It, Jonathan B. Forman Oct 2009

Social Security: How It Works And How To Fix It, Jonathan B. Forman

Jonathan B. Forman

No abstract provided.


The Pension Factor: Assessing The Role Of Defined Benefit Plans In Reducing Elder Hardships, Frank Porell, Beth Almeida Jul 2009

The Pension Factor: Assessing The Role Of Defined Benefit Plans In Reducing Elder Hardships, Frank Porell, Beth Almeida

Gerontology Institute Publications

Traditional defined benefit (DB) pension plans have long been an important source of income for elder households seeking to maintain a middle-class standard of living after a lifetime of work. Under traditional DB plans, retirees receive a guaranteed, regular stream of income after retirement that continues until death.

The monthly pension benefit is typically based on years of service to the employer, age, and salary history. Retirees also have the option to elect a joint-and-survivor benefit, to ensure that pension payments continue to a surviving spouse. DB plan participation rates among private sector American workers have sharply decreased from about ...


Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García Jun 2009

Cuarto Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Memorias del Cuarto Congreso Nacional de Organismos Públicos Autónomos

"El papel de los Organismos Públicos Autónomos en la Consolidación de la Democracia"


Finding A Lost Pension, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston, Pension Benefit Guaranty Corporation May 2009

Finding A Lost Pension, Pension Action Center, Gerontology Institute, University Of Massachusetts Boston, Pension Benefit Guaranty Corporation

Pension Action Center Publications

Workers may be tempted to shrug their shoulders and write off the pensions as “lost.” Indeed, some pensions may in fact be gone forever. In many cases, though, the pension money is sitting safely in a fund, waiting only for the worker (or a surviving spouse or beneficiary) to come forward to collect it. If you think you may be entitled to money in a pension fund, either as a participant or as a spouse or beneficiary of a participant, it makes sense to try to track it down. This booklet, which is based on the experience of pension counselors ...


Rethinking Teacher Retirement Benefit Systems (Discussant), Jonathan Forman Feb 2009

Rethinking Teacher Retirement Benefit Systems (Discussant), Jonathan Forman

Jonathan B. Forman

No abstract provided.


401(K) Plan Fees: A Trifecta Of Governmental Oversight, Kathryn L. Moore Jan 2009

401(K) Plan Fees: A Trifecta Of Governmental Oversight, Kathryn L. Moore

Law Faculty Scholarly Articles

Arguably, 401(k) plan fees are the biggest policy issue in the retirement world today. They potentially raise questions about the fundamental business underpinnings of the principal form of retirement savings for the last twenty years. As an indication of their significance, three branches of the federal government: administrative, judicial, and legislative are currently and simultaneously addressing 401(k) plan fees.

This Article will not attempt to provide a comprehensive discussion of 401(k) plan fees and all of the issues that they raise. Instead, the Article will focus on recent governmental activity regarding 401(k) plan fees. It will ...


Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli Jan 2009

Marriage, Property And [In]Equality: Remedying Erisa's Disparate Impact On Spousal Wealth, Paula A. Monopoli

Faculty Scholarship

Congress is considering pension reform in the wake of the tremendous loss in market value of retirement plans during the current recession. This article suggests that this is a historic moment to remedy a previously unidentified, unintended but profound gender disparity embedded in the federal law governing retirement plans in this country. It explores the common perception that while contemporary law and policy aim to facilitate equality within marriage, including in the area of property ownership, embracing equitable distribution in reallocating property upon divorce, the Employment Retirement Income Security Act’s (ERISA) structuring of retirement asset accumulation runs counter to ...


Don't Put Your Eggs In One Basket: Reforming 401(K) Pensions To Address The Educational And Psychological Issues That Drive Good Employees To Make Bad Investment Decisions, Marvin H. Stroud Jan 2009

Don't Put Your Eggs In One Basket: Reforming 401(K) Pensions To Address The Educational And Psychological Issues That Drive Good Employees To Make Bad Investment Decisions, Marvin H. Stroud

McGeorge Law Review

No abstract provided.


Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman Jan 2009

Funding Public Pension Plans, 42 J. Marshall L. Rev. 837 (2009), Jonathan Barry Forman

The John Marshall Law Review

No abstract provided.


Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi Jan 2009

Vebas To The Rescue: Evaluating One Alternative For Public Sector Retiree Health Benefits, 42 J. Marshall L. Rev. 879 (2009), Susan E. Cancelosi

The John Marshall Law Review

No abstract provided.


A Primer On The Need To Continue Monitoring Closely The Transfer Of Social Welfare Risk And Liability Of Employee Benefit Plans, James E. Holloway Jan 2009

A Primer On The Need To Continue Monitoring Closely The Transfer Of Social Welfare Risk And Liability Of Employee Benefit Plans, James E. Holloway

Cleveland State Law Review

This Article examines why federal legislative policy-makers and judicial decision-makers should ascertain the impact of the transfer of risk and liability on furthering welfare and security interests and preserving organizational discretion under ERISA and public policy. Part I explains why business organizations or employers transfer risk and liability to employees and retirees. This transfer occurs where global business outcomes cause social consequences that are driven directly by business decisions responding to new global competition and less American economic standing. Part II explains the need to assess the substantive issues and public policy concerns underlying legislative acts and judicial interpretations limiting ...


Should We Replace The Current Pension System With A Universal Pension System?, Jonathan B. Forman Dec 2008

Should We Replace The Current Pension System With A Universal Pension System?, Jonathan B. Forman

Jonathan B. Forman

No abstract provided.


Lgbt Elder Law: Toward Equity In Aging, Nancy J. Knauer Dec 2008

Lgbt Elder Law: Toward Equity In Aging, Nancy J. Knauer

Nancy J. Knauer

At a time when LGBT individuals enjoy an unprecedented degree of social acceptance and legal protection, many LGBT elders face the daily challenges of aging isolated from family, detached from the larger LGBT community, and ignored by mainstream aging initiatives. The corrosive legacy of the pre-Stonewall views of homosexuality makes many LGBT elders reluctant to declare themselves and demand equal treatment from policy makers and health care providers. As a result, they are denied the basic dignity of being able to share their memories of a life well lived without fear of rejection and reprisal. The concerns of LGBT elders ...


Funding Public Pension Plans, Jonathan B. Forman Dec 2008

Funding Public Pension Plans, Jonathan B. Forman

Jonathan B. Forman

No abstract provided.