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Retirement Security Law Commons

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Articles 1 - 15 of 15

Full-Text Articles in Retirement Security Law

Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton Jan 2015

Eliminating Arbitrary Age Descrimination In 401(K) And Pension Plan Eligibility Requirements: A Simple Fix To Encourage Younger Workers To Save For Retirement, Andrew J. Clopton

University of Michigan Journal of Law Reform Caveat

Current federal law allows companies to exclude their youngest workers from participating in 401(k) and other pension plans. Public policy should encourage young workers to contribute to retirement as early as practicable, rather than impose obstacles to saving. Workers who begin saving even a few years earlier improve their retirement security and reduce the likelihood they will be dependent on the government later in life. While “age discrimination” is conventionally thought of as the mistreatment of older workers, this concept applies equally to employees who are differentiated based solely on their young age. Thus, Congress should amend the Internal ...


A Public Pensions Bailout: Economics And Law, Terrance O'Reilly Sep 2014

A Public Pensions Bailout: Economics And Law, Terrance O'Reilly

University of Michigan Journal of Law Reform

In several states, public pension plans are at risk of insolvency within a decade. These risks are significant, and the solutions currently contemplated are likely to fall short of what is necessary to contain the problem. If public pension plans do become insolvent, it seems likely the federal government will bail them out. This Article proposes that the federal government prepare for the prospect of federal financial support of public pension plans by instituting an optional regulatory regime for public pensions. If a state elects not to participate, its public pension plans would be ineligible for federal financial support. In ...


A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth Jul 2014

A Failure To Supervise: How The Bureaucracy And The Courts Abandoned Their Intended Roles Under Erisa, Lauren R. Roth

Pace Law Review

This Article addresses how courts failed to adequately supervise employers administering pension plans before ERISA. Relying on a number of different legal theories—from an initial theory that pensions were gratuities offered by employers to the recognition that pension promises could create contractual rights—the courts repeatedly found ways to allow employers to promise much and provide little to workers expecting retirement security. In Section III, this Article addresses how Congress failed to create an effective structure for strong bureaucratic enforcement and the bureaucratic agencies with enforcement responsibilities failed to fulfill those functions. Finally, in Section IV, this Article discusses ...


When A Promise Isn't A Promise: Public Employers' Ability To Alter Pension Plans Of Retired Employees, Gavin Reinke Oct 2011

When A Promise Isn't A Promise: Public Employers' Ability To Alter Pension Plans Of Retired Employees, Gavin Reinke

Vanderbilt Law Review

The economic downturn has placed enormous pressure on state budgets. The recession hit state pension funding plans for public employees particularly hard. Some projections indicate that, even with as much as an 8% return on their pension fund investments, seven states' funds will be out of money by 2020, and half of states' funds will be fully depleted by 2027.

State legislatures are scrambling to pass measures designed to return their pension funds to solvency. Most proposals only call for decreases in the amount of pension benefits provided to future retirees, but four states have gone much further. Colorado, Minnesota ...


Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir Sep 1997

Contemporary Social Policy Analysis And Employee Benefit Programs: Boomers, Benefits, And Bargains, Dana M. Muir

Washington and Lee Law Review

No abstract provided.


1996 Pension Simplification, David M. Graf Jul 1997

1996 Pension Simplification, David M. Graf

University of Arkansas at Little Rock Law Review

No abstract provided.


Closing The Massachusetts Mutual V. Russell Gap: Monetary Damage Awards Under Erisa Section 502(A)(3) Mar 1991

Closing The Massachusetts Mutual V. Russell Gap: Monetary Damage Awards Under Erisa Section 502(A)(3)

Washington and Lee Law Review

No abstract provided.


Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir Apr 1989

Changing The Rules Of The Game: Pension Plan Terminations And Early Retirement Benefits, Dana M. Muir

Michigan Law Review

This Note examines whether early retirement benefits are included among the liabilities that an employer must satisfy before that employer can receive a reversion of excess assets. Part I reviews the background of plan terminations and how they affect early retirement benefits. It also discusses the general structure of ERISA. Part II examines the controversy surrounding whether ERISA's definition of "accrued benefits" includes early retirement benefits. ERISA requires that employees receive all of their accrued benefits before the employers receive any reversions. However, the circuits have disagreed as to whether early retirement benefits are accrued benefits and, therefore, covered ...


The Slaughter Of The Innocent: Disagreement Regarding The Interpretation Of Section 402(A) "Rolls On" Jun 1986

The Slaughter Of The Innocent: Disagreement Regarding The Interpretation Of Section 402(A) "Rolls On"

Washington and Lee Law Review

No abstract provided.


The Unrecognized Statutory Labor Exemption From Antitrust And Pension Fund Leverage And Antitrust , W. Michael Kaiser Jan 1986

The Unrecognized Statutory Labor Exemption From Antitrust And Pension Fund Leverage And Antitrust , W. Michael Kaiser

Washington and Lee Law Review

No abstract provided.


Social Insecurity: A Comment On Books By Shore And Drucker, Wilbur C. Leatherberry Jan 1977

Social Insecurity: A Comment On Books By Shore And Drucker, Wilbur C. Leatherberry

Washington University Law Review

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.


Who's Afraid Of Erisa Wolf?: § 405(D) And Other Houses Of Straw For Trustees Under The Employee Retirement Income Security Act Of 1974 Sep 1975

Who's Afraid Of Erisa Wolf?: § 405(D) And Other Houses Of Straw For Trustees Under The Employee Retirement Income Security Act Of 1974

Washington and Lee Law Review

No abstract provided.


Proposed Amendments To The Welfare And Pension Plans Disclosure Act, Stephen E. Dawson Jan 1970

Proposed Amendments To The Welfare And Pension Plans Disclosure Act, Stephen E. Dawson

University of Michigan Journal of Law Reform

Proposals to regulate private pension and deferred profit-sharing plans are by no means new to Congress. With the rapid growth in size, number and complexity of such plans in the late 1940's and early 1950's, Congress began to give increasingly close attention to their defects and, particularly, to their mismanagement. The first congressional attempt to reduce the instances of private pension plan mismanagement occurred in 1958 when Congress enacted the Welfare and Pension Plans Disclosure Act. The Act was amended once in 1962, and further proposed amendments are presently before the Congress. This note will examine two of ...


Tax Of Qualified Deferred Compensation Plan, Lucius C. Gossick Jan 1961

Tax Of Qualified Deferred Compensation Plan, Lucius C. Gossick

Cleveland State Law Review

One of the primary reasons for the steady growth in the number of qualified deferred compensation plans described in Section 401 (a) of the Internal Revenue Code of 19541 is their usefulness as tax planning devices. An important tax consideration in adopting such a plan is that the taxation of plan benefits to employee-participants or their beneficiaries, provided by current employer contributions, will be deferred to some future time. Because of the rapid changes that occur in the income tax law this article will cover general tax considerations applicable to such benefits that exist presently. Consideration will be given the ...