The ERISA Preemption Amendments of 1991
Author | : United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Labor |
Publisher | : |
Total Pages | : 136 |
Release | : 1991 |
Genre | : Business & Economics |
ISBN | : |
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Author | : United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Labor |
Publisher | : |
Total Pages | : 136 |
Release | : 1991 |
Genre | : Business & Economics |
ISBN | : |
Author | : James T. O'Reilly |
Publisher | : American Bar Association |
Total Pages | : 252 |
Release | : 2006 |
Genre | : Law |
ISBN | : 9781590317440 |
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.
Author | : United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations |
Publisher | : |
Total Pages | : 68 |
Release | : 1994 |
Genre | : Law |
ISBN | : |
Author | : Joseph F. Zimmerman |
Publisher | : State University of New York Press |
Total Pages | : 304 |
Release | : 2012-02-01 |
Genre | : Political Science |
ISBN | : 0791482731 |
Congressional Preemption provides an in-depth account of the use of preemption powers by Congress to either partially or completely remove regulatory authority from state and local governments in a wide variety of fields. Author Joseph F. Zimmerman exposes the inadequacies of the two current theories of United States federalism—dual and cooperative—by exploring the impact of Congress' frequent use of its preemption powers since 1965. While the dual and cooperative federalism theories retain a degree of explanatory power, Zimmerman considers why they do not explain the profound systemic changes produced by congressional preemption. Other topics covered include congressional use of conditional grants-in-aid, crossover sanctions, tax credits, tax sanctions, and partial and complete redemption; the theory of political safeguards of federalism; and the Blackmun Thesis, which encourages states to seek relief from preemption statutes in Congress and not the courts. The book concludes with postulates of a broader theory of federalism and recommendations addressed to Congress to reinvigorate the federal system.
Author | : United States. Congress. Senate. Committee on Labor and Human Resources |
Publisher | : |
Total Pages | : 176 |
Release | : 1993 |
Genre | : Legislative calendars |
ISBN | : |
Author | : James F. Jorden |
Publisher | : Aspen Publishers Online |
Total Pages | : 1151 |
Release | : 2006-12-19 |
Genre | : Business & Economics |
ISBN | : 073556311X |
Handbook on ERISA Litigation cuts through complicated statutory provisions andtells you which ERISA claims are recognized by which courts and how tolitigate them.
Author | : Ferenczy, Cohen |
Publisher | : Wolters Kluwer Law & Business |
Total Pages | : 1218 |
Release | : 2021-11-07 |
Genre | : Pension trusts |
ISBN | : 1543838693 |
The Seventh Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide offers benefits professionals in-depth, timely coverage of significant developments, case law, and rulemaking in the past year: Legislative and regulatory activity continues to keep all pension professionals alert and busy. During the period 2020-2021, additional guidance was released clarifying the provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act and the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Defined benefit plan sponsors got some relief in the American Rescue Plan Act (ARPA) during 2021 Relief provided under the ARPA of 2021 allowed for the use of interest rate stabilization provided certain disclosures are met and funding shortfall amortization options The IRS released an update to the Employee Plans Compliance Resolution System under Revenue Procedure 2021-30. Changes included enhancements of the self-correction program, the modification of overpayment corrections, and the replacement of anonymous Voluntary Correction Program filings with anonymous presubmission conferences The DOL issued guidance for fiduciaries regarding the importance of safeguarding participant data using vigorous cybersecurity protocols, and lawsuits provided further direction for proper fiduciary oversight Analysis of the recent court decisions regarding the use of arbitration to resolve disputes Discussion of the impact of state established programs, such as CalSavers, and the court's position that such programs are not preempted nor do they interfere with ERISA's core purposes Discussion of the additional benefits ARPA had on distressed multiemployer retirement plans Impact of ARPA on COBRA notice disclosure requirements Analysis of the reversal of National Labor Relation Board decisions by the new administration and the updated decisions coming from the Democrat-controlled Board
Author | : |
Publisher | : |
Total Pages | : 80 |
Release | : 2003 |
Genre | : Electronic government information |
ISBN | : |