Anti-discrimination Law affects pension benefits
Article Abstract:
The American with Disabilities Act (ADA) is a law prohibiting discrimination against the disabled. Disabled persons are entitled to employment opportunities and pension plan benefits. However, ADA is vague about who are technically not considered as employers. Many courts have held that third party employee benefit plan providers are not covered by ADA. However, emerging cases have reversed this decision. Employers cannot escape ADA by having third parties provide for employee benefits. An expanded interpretation of the ADA suggests that third parties are still liable.
Publication Name: Pension Management
Subject: Human resources and labor relations
ISSN: 1078-9766
Year: 1995
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Withdrawal-liability rule has financial implications
Article Abstract:
A case involving Milwaukee Brewery Workers' Pension Plan and Schlitz Brewing Co was decided by the US Supreme Court in favor of the contributing employers. The court ruled that liability accrued on the first day of the plan year after the withdrawal and not the year of the withdrawal. In another case involving Curtiss-Wright Corp and Schoonejongen, the court favored the plan sponsor. It was ruled that the sponsor maintained flexibility in plan amendment procedures.
Publication Name: Pension Management
Subject: Human resources and labor relations
ISSN: 1078-9766
Year: 1995
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More news about GATT's effect on pension plans
Article Abstract:
A number of revenue-enhancement provisions were included in the GATT law recently approved by Congress. These provisions affect ERISA and the Retirement Protection Act (RPA). In addition to additional costs and obligations on sponsors of underfunded, single-employer defined benefit plans, the RPA also calls for changes in actuarial assumptions and new reporting financial disclosure requirements. A brief overview of GATT's impact on pension plans is presented.
Publication Name: Pension Management
Subject: Human resources and labor relations
ISSN: 1078-9766
Year: 1995
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