Union Forum Journal, 4(1)
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е~1.1эшу 1е.11uэ~ pue ssa.Jd эч1 'VI~ 00·~$ IZ .1aqшnN 1\Il~З:I'ШЯ .L\IOinт.wROA.L\II Editorial Iп 1984 it is appropriate to aпticфate the latest пewspeak of squads for aпti-teпorism actioпs, апd the Defeпse Iпtelligeпce the Reagan admiпistratioп. The most sigпificant buzzword Аgепсу is authorized for the first time iп its history to use iпtel today is ''teпorism,'' which term has effectively replaced ligeпce ageпts. А Joiпt Special Operatioпs Аgепсу has Ьееп "comrnuпist" or "subversive" iп the jargoп of the guardians created uпder the Joiпt Chiefs of Staff to coordiпate military of пatioпal security. After six years of buildiпg а пatioпal coп couпterteпorist uпits iп each service. Although the Directive sciousпess attuпed to the issue of teпorism, however aber stops short of authoriziпg assassiпatioпs (purportedly banпed rantly defiпed through repetitioп of the word, the admiпistra iп 1981 Ьу Executive Order 12333), it does authorize preemp tioп is playiпg the fiпal cards iп its haпd. tive апd retaliatory strikes which could kill поt опlу their Оп April 3, Presideпt Reagan secretly issued Natioпal Secu targets, but iппосепt bystaпders as well. The Directive coп rity Decisioп Directive 138 outliпiпg пеw policies iп the щl taiпs а "duЬious morality," опе "seпior admiпistratioп offi miпistratioп' s fight agaiпst "teпorism." Details of the secret cial" coпceded. Directive were first exposed iп the April 15 Los Angeles Times, The eпtire thrust of the documeпt's discussioп of "state although iпdicatioпs of its existeпce couid Ье gleaпed from the spoпsored teпorism deals опlу with Warsaw Pact апd other April 4 Washington Post report of а speech Ьу Secretary of socialist пatioпs. -
1984 Committee Report: the Employment Retirement Income
98th 98hCnrsCongress COMMITTEE PRINT I S.98-221PRT. THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974: THE FIRST DECADE AN INFORMATION PAPER PREPARED FOR USE BY THE SPECIAL COMMITTEE ON AGING UNITED STATES SENATE AUGUST 1984 This document has been printed for information purposes. It does not offer findings or recommendations by this committee U.S. GOVERNMENT PRINTING OFFICE 37-569 0 WASHINGTON: 1984 For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 SPECIAL COMMITTEE ON AGING JOHN HEINZ, Pennsylvania, Chairman PETE V. DOMENICI, New Mexico JOHN GLENN, Ohio CHARLES H. PERCY, Illinois LAWTON CHILES, Florida NANCY LANDON KASSEBAUM, Kansas JOHN MELCHER, Montana WILLIAM S. COHEN, Maine DAVID PRYOR, Arkansas LARRY PRESSLER, South Dakota BILL BRADLEY, New Jersey CHARLES E. GRASSLEY, Iowa QUENTIN N. BURDICK, North Dakota PETE WILSON, California CHRISTOPHER J. DODD, Connecticut JOHN W. WARNER, Virginia J. BENNETT JOHNSTON, Louisiana DANIEL J. EVANS, Washington JEFF BINGAMAN, New Mexico JOHN C. RoTHER, Staff Director and Chief Counsel STEPHEN MCCONNELL, Deputy Staff Director DIANE LIFSEY, Minority Staff Director RoIN L. KROPF, Chief Clerk (II) PREFACE Ten years ago, the Employee Retirement Income Security Act of 1974 [ERISA] was passed by the Congress (Public Law 93-406), with the protection of the pension and welfare benefit rights of workers and their beneficiaries as its goal. Pensions had developed many years earlier, of course, but the enactment of ERISA marked the growing importance of private pensions in the retirement income equation. The Senate Special Committee on Aging, as the oversight com- mittee charged with the broad mandate to assess the adequacy and security of all retirement income policy and programs is pleased to mark the anniversary of ERISA with this comprehensive assess- ment of its accomplishments and the job that still remains. -
Misclassification and Employer Discretion Under Erisa
MISCLASSIFICATION AND EMPLOYER DISCRETION UNDER ERISA James G. McMillan, llIt In October 1998, the United States Department of Labor filed suit against Time Warner Inc., a company that employs approximately 40,000 people, charging that the corporation illegally misclassified several hundred freelance writers, reporters, and photographers as independent contractors in order to avoid granting them employee benefits.' This is the first time that the Department of Labor has brought suit claiming that workers were improperly denied benefits. Also in October 1998, the United States Court of Appeals for the Ninth Circuit held in Burrey v. Pacific Gas & Electric Co.2 that a group of clerical workers supplied by a temporary employment agency could sue the company utilizing their services for benefits if they met the common-law definition of employee.3 The court refused to allow the company discretion to determine whether its benefit plans covered workers "leased" from an 4 outside agency. As a result of these and other recent cases,5 it is unclear whether employers may exclude certain classes of workers from employee benefits programs. The Ninth Circuit in Vizcaino v. Microsoft found that the software giant had misclassified employees as independent contractors in 6 conclusionorder to deny in casesthem involvingbenefits. ExxonOther7 andcircuits Dupont." have comeEmployers to the awareopposite of t B.A. 1977, Haverford College; M.A. 1978, University of Chicago; J.D. Candidate 2000, University of Pennsylvania Law School. 1. See Herman v. Time Warner Inc., 56 F. Supp.2d 411 (S.D.N.Y. 1999) (denying Time Warer's motion to dismiss); see also Jacob M. -
How the Employee Retirement Income Security Act of 1974 Delegated Control Over Pension Policy to Private Actors
Governing by Fiduciary: How the Employee Retirement Income Security Act of 1974 Delegated Control over Pension Policy to Private Actors Lauren R. Roth Submitted in partial fulfillment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences COLUMBIA UNIVERSITY 2014 © 2014 Lauren R. Roth All rights reserved ABSTRACT Governing by Fiduciary: How the Employee Retirement Income Security Act of 1974 Delegated Control over Pension Policy to Private Actors Lauren R. Roth Approximately one-half of Americans participate in a pension plan offered by their employers and subject to the Employee Retirement Income Security Act of 1974 (ERISA) (Howard 2007, 76). Yet ERISA is frequently ignored by social scientists researching retirement income because of its complexity. Given the enormous amount of foregone tax revenues that support private pensions, the motivating question of my dissertation is: How did the American state change as Congress delegated power over American pension plans to private employers? I argue that a weak system of bureaucratic oversight and the federal courts’ deference to pension administrators allowed fiduciaries to control policy implementation and assume a role traditionally reserved for the state – blurring the line between public and private. My purpose here is to provide an analytical history of ERISA that explores its methods of delegating both policymaking control over and the detailed nuances of administration of private pension plans to private actors. I explore the concept of fiduciary status as a safeguard when government outsources the implementation of policy to private actors. Regardless of whether fiduciary standards have ensured sufficient accountability in the ERISA context – and I find that they have not – I argue that the potential is there and analyze where ERISA went wrong. -
The American Legion Magazine Editorial & Advertising Offices 1345 Avenue of the Americas New York, New York 10019 Contents for December 1970 Publisher, James F
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Panel 1: Setting the Stage: History Before the Ninety-Third Congress
PANEL 1: SETTING THE STAGE: HISTORY BEFORE THE NINETY-THIRD CONGRESS MODERATORS: Teresa Ghilarducci, Bernard L. and Irene Schwartz Chair in Eco- nomic Policy Analysis, New School for Social Research Steven Sass, Program Director, Financial Security Project, Cen- ter for Retirement Research, Boston College Peter J. Wiedenbeck, Joseph H. Zumbalen Professor of Law, Wash- ington University School of Law PANELISTS: Frank Cummings, past Chief of Staff to Senator Jacob Javits Henry Rose, past General Counsel, Pension Benefit Guaranty Corporation Daniel Halperin, Stanley S. Surrey Professor of Law, Harvard Law School Christy Bergstresser1: Good morning. I would like to also express my sincere thanks to everyone here today and to kick things off I’m going to start by introducing Steven Sass. Steven is going to be our lead moderator for the first panel. Steven is on staff at the Center for Retirement Research at Boston College, where he is the program di- rector for the Financial Security Project. So, at this point I will give it over to Steve to lead us in our first discussion. Thank you. Steven Sass: Thank you. We have a lot to do so we’re going to try to keep the overhead to a minimum. I’d just like to say that from the conversations last evening I found that there’s a significant differ- ence of opinion about what ERISA got right and what it got wrong and I don’t know if this conference will change anybody’s opinion about what it got right or wrong, but we’re hoping that we’ll have a better understanding of how we got it.