ERISA's duty of diversification
Article Abstract:
ERISA follows longtime trust law in requiring fiduciaries to diversify pension plan assets, although courts have not been reliable in understanding diversification's importance. Most failures to diversify have occurred when there has also been a breach of other ERISA duties, so courts have not based their rulings on the diversification duty. Courts have held different opinions in rulings which focused on diversification. It is likely that judge-made ERISA law will develop to require broader diversification as economists learn more about its importance.
Publication Name: The Journal of Pension Planning & Compliance
Subject: Human resources and labor relations
ISSN: 0148-2181
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Release requirements in funded exit incentive and severance plans
Article Abstract:
Employers requiring releases for reduction-in-force benefits which are part of ERISA-covered programs may be violating ERISA. It is surprising how little litigation there is on this issue. Pending the US Supreme Court's decision in Spink v. Lockheed Corp on this issue, requiring such a release is normally not construed to be using plan assets improperly, but there are a number of legal theories for considering such a requirement to be an ERISA violation. These are listed.
Publication Name: The Journal of Pension Planning & Compliance
Subject: Human resources and labor relations
ISSN: 0148-2181
Year: 1996
User Contributions:
Comment about this article or add new information about this topic:
Big brother is watching: new PBGC reporting and disclosure requirements after GATT
Article Abstract:
The Pension Benefit Guaranty Corp (PBGC) requested that new disclosure requirements be added to the Retirement Protection Act of 1994 (RPA), a law enacted as part of GATT. The PBGC gave a lot of guidance on these requirements during early 1995. The RPA adds reportable events and information which must be given to participants and to the PBGC by certain underfunded plans.
Publication Name: The Journal of Pension Planning & Compliance
Subject: Human resources and labor relations
ISSN: 0148-2181
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Satisfying ERISA's fiduciary responsibility requirements in the wake of potential plan changes. 12b-1 fees and retirement plan services: recent Labor Department pronouncements
- Abstracts: An international comparison of human resource management objectives and activities. Work goals among male and female business students in Canada and China: the effects of culture and gender
- Abstracts: Managerial skill utilization: work environment, gender, and training incentive. An international perspective on perceived empowerment: the role of personal needs and task context
- Abstracts: The evolution of leadership development: challenges and best practice
- Abstracts: The adoption of international best practices in a Western culture: East meets West. Downward influence styles in cultural diversity settings