The ERISA preemption doctrine and the assignment of employee welfare plan benefits

Article Abstract:

A conflict has arisen between courts attempting to reconcile the ERISA policy of administrative efficiency with the historic right of states to regulate domestic relations. Specifically, the problem arises when a state domestic relations order conflicts with a welfare benefit plan's beneficiary designation. Circuit courts have used varied reasoning to decide whether ERISA's preemption provision applies or if an analogy can be drawn to Retirement Equity Act of 1984's exception for pension plans.

Economic aspects, Employee benefits, Exclusive and concurrent legislative powers, Preemption (Legislative power), Family law, states

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Of scrivener's errors, walk-in CAP, and the correction of "inadvertent plan document failures"

Article Abstract:

The author examines the IRS' voluntary pension fund correction program, the Employee Plans Compliance Resolution System, and suggests the program should allow for inadvertent document failures corrections through retroactive plan amendments.

United States. Internal Revenue Service

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Securities lending of pension plan assets

Article Abstract:

The author discusses the securities lending process and class exemptions applied to it in relations to lending from ERISA-covered pension plans.

Securities law, Loans

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