June 25, 2014
by Jaclyn Belczyk
The US Supreme Court ruled unanimously Wednesday in Fifth Third Bancorp v. Dudenhoeffer that employees of Fifth Third Bank can proceed with a lawsuit for breach of fiduciary duties over an employee stock ownership plan (ESOP). As part of the benefits Fifth Third offers to employees, they are able ...[read more]
June 12, 2014
by Jaclyn Belczyk
The US Supreme Court ruled unanimously Thursday in Clark v. Rameker that funds held in inherited individual retirement accounts (IRAs) are not "retirement funds" for bankruptcy purposes. Section 522 of the Bankruptcy Code exempts tax-exempt retirement funds from the bankruptcy estate. In October ...[read more]
May 1, 2014
by Bradley McAllister
The US Court of Appeals for the Third Circuit ruled Tuesday that Pennsylvania's mandatory retirement age of 70 for judges is constitutional. A group of four judges from across the state, including Judges Benjamin Lerner and John Herron of Philadelphia, Leonard Zito of Northampton County and Gerald ...[read more]
April 10, 2014
by Endia Vereen
JURIST Guest Columnist Jia Li, Indiana University Maurer School of Law Class of 2014, discusses the Employee Retirement Income Security Act (ERISA) and how it may potentially interact with the Patient Protection and Affordable Care Act.ERISA 510 is an anti-retaliation provision that prevents e... ...[read more]
March 24, 2014
by Cynthia Miley
The US Supreme Court heard oral arguments Monday on individual retirement accounts (IRAs) and their interaction with bankruptcy. In Clark v. Rameker the court will decide whether an inherited individual retirement account is exempt from a debtor's bankruptcy estate under Section 522 of the ...[read more]
March 10, 2014
by Jaclyn Belczyk
The US Supreme Court granted certiorari Monday in Public Employees' Retirement System of Mississippi v. IndyMac MBS, Inc. to rule on the statute of limitations in class action suits. In American Pipe & Construction Co. v. Utah (1974) the court held that "the commencement of a class action ...[read more]
December 16, 2013
by Max Slater
The US Supreme Court ruled Monday in Heimeshoff v. Hartford Life Insurance that a woman was not entitled to disability benefits under the Employee Retirement Income Security Act (ERISA) because the applicable statute of limitations had run. Petitioner Julie Heimeshoff argued that her claim was ...[read more]
October 4, 2013
by Kyle Webster
The Employee Retirement Income Security Act (ERISA) has developed since it first passed in 1974. Some of the most pressing and evolving issues today pertain to marriage statuses under ERISA, the impact of the Affordable Care Act, if any, on ERISA and the several ongoing litigations pertaining to ...[read more]
October 4, 2013
by Sarah Steers
At the height of the Great Depression, US President Franklin Roosevelt requested legislation to aid Americans in times of economic need. On August 14, 1935, Roosevelt signed the Social Security Act into law. The original Act provided benefits to workers upon retirement at age 65, and based the ...[read more]
October 4, 2013
by Arjun Mishra
The Employee Retirement Income Security Act is a complex piece of legislation that Congress passed in 1974 to ensure that the pensions of private sector employees had stability and protection. The legislation only applies to private companies, leaving public employees' pensions unprotected. When ...[read more]

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