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- Title
LEAVING WELL ENOUGH ALONE: REFLECTIONS ON THE CURRENT STATE OF ERISA REMEDIAL LAW.
- Authors
Gies, Thomas P.; Foster, Jane R.
- Abstract
The article offers insights on the two preemption provisions of the Employee Retirement Income Security Act (ERISA) and the Supreme Court's interpretation of the law's civil enforcement provisions in lawsuits brought by plan participants and beneficiaries in the U.S. It states that ERISA's preemption provisions were established to protect both employers who shoulder the cost and the participants who benefit from them. It also cites several court cases to reflect on the current state of the ERISA remedial law including the Pilot Life Insurance Co. v. Dedeaux, Kennedy v. DuPont Savings & Investment Plan, and Mertens v. Hewitt Associates cases.
- Subjects
UNITED States; EMPLOYEE Retirement Income Security Act of 1974; UNITED States. Supreme Court; EMPLOYER-sponsored health insurance laws; BENEFICIARIES; MERTENS v. Hewitt Associates (Supreme Court case); RETIREMENT income laws
- Publication
Hofstra Labor & Employment Law Journal, 2009, Vol 26, Issue 2, p449
- ISSN
1189-3332
- Publication type
Article