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- Bankruptcy Protection for Your Accounts
- Are a debtor's retirement plan assets exempt from the individual's bankruptcy estate? Until recently, the answer to this question depended on whether or not the retirement plan holding the assets was an ERISA or a non-ERISA retirement plan. For non-ERISA retirement plans, the level of protection was determined by the...
- White papers 2006-01-30
- The Captive Option for Employee Benefits
- A captive is an insurance company that's owned by a corporation whose primary business is not insurance. The captive provides coverage only for its parent organization. Insuring employee benefits through a captive has been problematic because the Employee Retirement Income Security Act ERISA expressly forbids transactions between an employee benefit...
- White papers 2005-10-01
- Employee Benefits Security Administration: Improvements Have Been Made to Pension Enforcement Program But Significant Challenges Remain
- Congress passed the Employee Retirement Income Security Act of 1974 ERISA to address public concerns over the mismanagement and abuse of private sector employee benefit plans by some plan sponsors and administrators. Recent scandals involving abuses by pension plan fiduciaries and service providers, as well as trading scandals in mutual...
- White papers 2005-06-09
- erisa Fiduciaries Beware Risk Is More Than a Four-Letter Word
- These are tough times for ERISA fiduciaries. The halcyon days of comfortable returns and simple asset allocations are long gone, replaced with a need for more oversight than ever before. Changing demographics, accounting issues and anemic financial market returns present problems for private and public plans alike. Yet ERISA fiduciaries...
- White papers 2005-06-01
- erisa Plan Investments in Hedge Funds: Common Questions and Answers
- With an increasing interest by employee benefit plans in alternative investment opportunities, some private investment fund managers are exploring the implications of an increased ownership in their funds by Employee Retirement Income Security Act ERISA investors. The article, using the question and answer format, introduces certain key considerations when an...
- White papers 2005-05-01
- Are Your Clients Complying With erisa?: Four Questions That Can Help Them Decide if Their LTD and LTC Are in Compliance
- More than 30 years ago, Congress passed the Employee Retirement Income Security Act of 1974, also known as ERISA. Enacted in response to rampant abuses in the funding and administration of pension plans, the law sets minimum operational standards for many private employers' retirement and welfare benefit plans for their...
- White papers 2004-09-01
- Employers Need to Determine Obligations to Same-Sex Spouse
- Many employers are concerned about the extension of benefits, such as health care, to same-sex spouses or domestic partners. Because most employee benefit plans, including health plans and retirements plans, are governed by federal law - the Employee Retirement Income Security Act ERISA - employers' obligations to provide benefits to...
- White papers 2004-06-11
- Duty "Calls" - The Lack Of Labor And The Need For Knowledge
- Researches indicate that if an investment manager is not willing to look into the discrepancies in the retirement plans, the employers can take the help of outside consultants or advisors. Adoption of the provisions in the Employee Retirement Income Security Act ERISA calls for performing two functions. Firstly, the advisor...
- White papers 2004-06-01
- erisa at 30: The Decline of Private-Sector Defined Benefit Promises and Annuity Payments? What Will It Mean?
- This analysis uses variants of the EBRI-ERF Retirement Income Projection Model RIPM and Retirement Security Projection Model RSPM to provide quantitative assessments of the future financial security implications of a move away from defined benefit promises and from annuity payments ("traditional" employer-provided pensions). The analysis provides preliminary results on the...
- White papers 2004-05-01
- DOL Issues Guidance on Health Savings Accounts
- This article on health savings account HSAs, basically addresses the circumstances under which an HAS will be considered an ERISA employee benefit plan. The paper makes clear that an employer can make contribution to the HAS without it being considered an ERISA-covered plan as long as the employer's involvement is...
- White papers 2004-04-08
- Pension (Under) Funding: Changing The Rules, With Caution
- The Employee Retirement Income Security Act ERISA consisted of certain rules for pension funding. As a result of the rules, the funding levels improved and plan sponsorship and coverage were increased. The provisions under ERISA require minimum funding levels; as a result, more companies are contributing in the minimum requirement...
- White papers 2004-02-01
- The Good, The Bad And The Ugly -- Delegating Fiduciary Responsibility After Enron?
- The federal district courts have applied a laser-like focus to the questions of who is an ERISA fiduciary and why corporate officials may or may not enjoy fiduciary status. The federal law regulating retirement plans, the Employee Retirement Income Security Act of 1974 ("ERISA") states fiduciary status can be acquired...
- White papers 2003-12-06
- Stabilizing Returns With Derivatives: Risk-Adjusted Performance For Derivatives-Based Indexes
- The Employee Retirement Income Security Act ERISA generally requires corporate pension fiduciaries to diversify the investments of the plan to minimize the risk of large losses, except when it is clearly prudent not to do so. Index options and futures are tools that for two decades have been used to...
- White papers 2003-10-01
- erisa Plan Assets Regulation: 15 Years on
- This paper describes about private equity. It has been 15 years since the Department of Labor's Plan Assets Regulation became effective. By clarifying when the manager of an investment entity will and will not be treated as a fiduciary, that regulation paved the way for employee benefit plans regulated by...
- White papers 2003-07-01
- "Bad Faith" Claims Preempted by erisa? Stay tuned.
- In the absence of a definitive ruling by the United States Supreme Court, as the federal district and circuit courts choose sides, insurers' vulnerability to state law bad faith claims under ERISA plans hangs in the balance.
- White papers 2003-06-03
- "Bad Faith" Claims Preempted by erisa? Stay tuned
- In the absence of a definitive ruling by the United States Supreme Court, as the federal district and circuit courts choose sides, insurers' vulnerability to state law bad faith claims under ERISA plans hangs in the balance.
- White papers 2003-06-03
- “Any Willing Provider” Law Not Preempted by erisa
- "A recurring issue for states that seek to regulate the health care insurance and managed care industry is whether a state law, as it would apply to services that the industry provides to employee benefit plans, is preempted by the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)....
- White papers 2003-05-01
- The DOL's Enron Brief: What It Means For 401(k) Investments
- From the executive summary: ‘The CEO of a major business organization provides a unique opportunity to understand the Department of Labor’s positions on Employee Retirement Income Security Act’s ERISA requirements for 401k fiduciaries. ERISA requires fiduciaries to act prudently in all aspects of the fiduciary duties. Fiduciaries should be in...
- White papers 2003-04-01
- Prudence And Diversification Revisited - erisa Section 404(c) Protection In The Wake Of Enron
- Employee Retirement Income Security Act ERISA safeguards the rights of retiring professionals of organizations. Companies need to design their employee retirement benefit plans according to the provisions contained in the ERISA. Section 404 c of ERISA addresses employee concerns in the event of poor investment performance. The paper elucidates implications...
- White papers 2003-03-01
- erisa At 25: Do We Have A Winner?
- Experts believe that the Employee Retirement Income Security Act ERISA has proved to be a winner 25 years down the line, since the day it was enacted. As a result, of the Act, the employees have gained significant rights, and plan assets are being administered judiciously. The employees are also...
- White papers 2003-01-01
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