Spring 2013 - ERISA: Fed Reg of Health/Pension
Credit Hours: 3 Course ID: Unique # 29005
No class meeting information is available for this class.
No exam information is available for this class.
This course is restricted to upper division students only.
In this three-credit course we will examine the Employee Retirement Income Security Act of 1974 ("ERISA"), the federal statute that regulates private-sector employee pension, health and other benefits.
ERISA regulates trillions of dollars of pension assets and billions of dollars of health care benefits: it led to the growth of HMOs and is responsible for much of the widespread dissatisfaction with our healthcare system (the Affordable Care Act is in large part an amendment to ERISA). We will therefore discuss national policy concerns about pension savings and health care.
Students will learn about the law's structural protections for pension benefits, and the limits of its protections for non-pension benefits such as health coverage. We will explore the breadth of ERISA's federal preemption of state causes of action, the practical results of this preemption, and its limits. We will study ERISA's fiduciary requirements and its resulting remedial structure-who can sue whom for what remedies.
Knowing what ERISA does and how it works matters to all practitioners that advise and represent employers, labor unions and insurers.
There is no tax prerequisite for this class; the tax aspects of the statute will be touched on only very briefly.