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Author: United States. Congress. Senate. Committee on Labor and Human Resources
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 100
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Book Description
Author: United States. Congress. Senate. Committee on Labor and Human Resources
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 100
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Book Description
Author: United States. Congress. Sena Resources
Publisher: Forgotten Books
ISBN: 9780656380466
Category :
Languages : en
Pages : 104
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Book Description
Excerpt from Erisa Preemption of State Prevailing Wage Laws: Hearing of the Committee on Labor and Human Resources, United States Senate, One Hundred Third Congress, Second Session, on S. 1580 Today, Mr. Knowles' widow is responsible for over in medical bills on account of John's illness. All of these bills would have been covered by his Health and Welfare Fund if contributions had been made on John's behalf for the time he worked at the Gardner Prison jobsite. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Author: United States. Congress. Senate. Committee on Labor and Human Resources
Publisher:
ISBN:
Category : Apprenticeship programs
Languages : en
Pages : 95
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Author: United States Congress Senate Committ
Publisher: Palala Press
ISBN: 9781355614043
Category :
Languages : en
Pages : 100
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Author: United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Labor
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 148
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Author: United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 302
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Author: United States. Congress. House. Committee on Education and Labor. Subcommittee on Labor-Management Relations
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 68
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Author: Paul J. Schneider
Publisher: Wolters Kluwer
ISBN: 0735509107
Category : Law
Languages : en
Pages : 1265
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Book Description
The Fourth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: A new chapter that focuses on the key federal employment laws, such as the antidiscrimination, wage and hour, and leave laws, which often must be considered by benefits professionals when providing benefits advice to their clients A revised chapter on ERISA preemption, which includes a new discussion of what constitutes a "plan" for purposes of applying ERISA preemption and an updated discussion of the impact of the Supreme Court's decision in Cigna Corp. v. Amara on ERISA preemption A summary of the requirement of providing health plan participants with a Summary of Benefits and Coverage has been added to the discussion of benefit plan notice requirements An update on recent court decisions involving 401(k) fee litigation and the extent to which excessive or undisclosed fees can constitute a breach of ERISA fiduciary duty. The Department of Labor's final regulations issued under ERISA Section 408(b)(2), regarding the disclosure that must be made by service providers to plan fiduciaries concerning the direct and indirect compensation that the service providers receive in connection with providing services to a covered plan A discussion regarding the income tax consequences of employer-paid COBRA premiums A discussion regarding successor liability in asset sale transactions has been added to the chapter on mergers and acquisitions A discussion regarding the extent to which an employer's interference with the benefits of union supporters may constitute an unfair labor practice under the National Labor Relations Act
Author: Albert Feuer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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ERISA preemption of state laws is determined using the following three rules. First, ERISA permits state laws that do not diminish or enhance any of the ERISA basic benefit protections. Second, ERISA preempts any state law that diminishes or enhances any of the three ERISA basic benefit protections unless the diminution or enhancement was needed to implement a state law that is not otherwise preempted, in which case the law is not preempted if the diminution or enhancement is limited to the extent needed for the effective administration of such state law. Third, a law is not otherwise preempted if the law (1) is described in an explicit or implicit exclusion from the rule that ERISA preempts all state laws that relate to an ERISA plan, or (2) does not diminish or enhance any of the ERISA basic benefit protections other than by imposing a reporting or disclosure mandate to the extent needed for the effective administration of such state law. Thus, ERISA permits a state-law reporting or disclosure mandate that implements a state law that is not otherwise preempted, but only to the extent the mandate is needed for the effective administration of such state law. ERISA preempts all other reporting and disclosure mandates. This article uses those principles to answer the question, "Which State-Law Reporting and Disclosure Mandates Does ERISA Permit that Relate to State Criminal Laws, Insurance Laws, Health Care Laws, Tax Laws, Domestic Relations Laws, Labor Laws, or Other State Laws?" ERISA permits generally applicable state criminal laws. Thus, states may compel plans to provide reports to show that their loan programs comply with state criminal usury laws, but not with respect to compliance with civil usury laws, which ERISA preempts. ERISA permits states to regulate insurance providers. Thus, states may compel insurers to file extensive reports about the policies they issue to ERISA plans. ERISA permits states to regulate the provision of health care. Thus, states may compel ERISA plans to file reports and respond to audit request with respect to the health care, if any, they provide. ERISA permits some, but not all, state-law taxes. Thus, states may compel ERISA plans to file tax returns and respond to audit requests for permissible taxes such as the tax on health care providers. ERISA requires most ERISA pension plans to follow the terms of state domestic relations orders known as QDROs. Thus, states may compel those plans to disclose to a permissible user of a QDRO the benefit information of a participant that may be needed to prepare a QDRO. ERISA permits some prevailing wage statutes that take into account contributions to ERISA plans. Thus, states may compel employers to report their contributions to ERISA plans needed to show compliance with such laws. ERISA permits states to assemble and make available to the public data bases describing the prices of health care providers because such data bases do not affect any of ERISA basic benefit protections other than with a reporting or disclosure mandate used to implement the law. Thus, states may compel ERISA plans and their insurers to report claims experience with such price data. ERISA permits states to enforce claims that do not affect the ERISA basic benefit protections other than with a reporting or disclosure mandate used to implement the law. Thus, state courts considering contract claims by supplier to an ERISA plan may compel the plan to comply with discovery requests with respect to the contract claim, but not with respect to requests unrelated to such claim such as the plan's claims procedures.
Author: Albert Feuer
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This article discusses when a pension or welfare plan governed by ERISA must comply with state law reporting, record-keeping and disclosure mandates. Any such mandate directed at an ERISA plan, a plan participant or beneficiary, a plan sponsor or contributing employer, or a third party's interaction with an ERISA plan, would seem prima facie to relate to an ERISA plan. Thus, at first blush, any such mandate would appear to be preempted. However, this approach is obviously incorrect. It would preclude a state from compelling a pension plan or its participants from filing tax reports about benefit distributions. On the other hand, such plan mandates do not affect plan benefit structures or the administration of those structures other than requiring such reports, record-keeping, or disclosure, and imposing cost burdens on the plan. Thus, at second blush, all such mandates seem permissible. However, this approach is obviously incorrect. It would permit a state to compel plans to provide reports so that the state could regulate plan fiduciary conduct or to make large expenditures to generate and keep records with little utility. This article argues for a common sense approach. ERISA permits a state-law reporting or disclosure mandate directed at an ERISA plan, a plan participant or beneficiary, a plan sponsor or contributing employer, or a third party interacting with an ERISA plan, such as a service provider, that implements a state law that ERISA does not otherwise preempt, but only to the extent the mandate is needed for the effective administration of such state law. If ERISA preempted a mandate needed to implement a state law not otherwise preempted, the state law would in practice be preempted. The effective administration requirement prevents undue interference with ERISA's benefit protections other than the reporting, record-keeping and disclosure mandate. If the state mandate is generally applicable, rather than principally applicable to ERISA plans, there would be a rebuttable presumption that the mandate is so limited. ERISA preempts all other reporting and disclosure mandates directed at an ERISA plan, a plan participant or beneficiary, a plan sponsor or contributing employer, or a third party interacting with an ERISA plan, such as a third party administrator, even if the compliance burdens are slight. Preemption is unaffected by whether the mandate arises from a law that explicitly refers to ERISA. Plan sponsors must comply with all state-law mandates that ERISA does not preempt regardless of plan terms. On the other hand, plan administrators must comply with all state-law mandates with which plan terms require compliance. This approach recognizes that the preemption of a state-law reporting and disclosing mandates is determined by whether it unduly interferes with the other ERISA benefit protections. Thus, states may require employers to report their contributions to ERISA plans needed to show compliance with those prevailing wage laws that ERISA permits. Thus, state courts considering contract claims by a supplier to an ERISA plan may require the plan to respond to discovery requests with respect to the claim. Thus, states may require those plans subject to the QDRO rules to disclose, to an individual eligible to use a QDRO, the information that may be needed to have a state court prepare and issue a QDRO granting the individual plan benefit rights, but not other information that is not so needed. Thus, states may require ERISA plans to file reports and respond to audit request with respect to the healthcare, if any, they provide that the states may regulate. Thus, states may require ERISA health reimbursement plans, their insurers, or their third party administrators to report claims experience, including price data, if ERISA permits the states to assemble, maintain, and perhaps publicize, such a data base, but only to the extent the mandate is needed for the effective administration of the permitted activities.
