A practical guide to preemption for self-insured plans
Article Abstract:
Federal law preempts state law regulation of self-insured plans under certain circumstances. The Employee Retirement Income Security Act of 1974 (ERISA) allows preemption under 3 clauses, namely, the preemption clause, the savings clause and the deemer clause. The preemption clause states that ERISA preempts any state laws relating to any employee benefit program. The savings clause excludes state laws that regulate banking, securities or insurance. The deemer clause restricts recharacterization of benefit plans so as to put them back into the exemption of the savings clause.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
The optimal design of minimum distribution requirements for retirement plans
Article Abstract:
The provisions of the minimum distribution requirements for retirement plans are found to be generally outmoded because of increased life expectancies and employees working past retirement age. Logic and economic theory analysis of the rules suggest that the amendments be removed entirely or revised so that fairness is improved. The current law, as is, would complicate situations of pensioners when they come to draw on their retirement assets.
Publication Name: Benefits Quarterly
Subject: Human resources and labor relations
ISSN: 8756-1263
Year: 1998
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Communicating total rewards to the generations. The importance of LTC insurance for the retirement security of the baby boomers
- Abstracts: The way forward for flex in the UK. The Republic of Ireland - a review of current pension issues. Pension schemes - leaving home but staying in
- Abstracts: Sharing DB strategies with DC participants. Exploration: group seeks opportunities in Eastern Europe, Turkey
- Abstracts: Fiduciary duty: serious consideration of change in plan benefits; disclosure. Duty not to make affirmative misrepresentations,