The article supplements the two classic legislative histories of ERISA: (1) James A. Wooten, the Employee Retirement Income Security Act of 1974 — A Political History (2004) and (2) Staff of S. Comm. on Labor and Public Welfare, Leg. History of the Employee Retirement Income Security Act of...

Questions are often raised about who is entitled to death or survivor benefits from a federally regulated employee benefit plan, whether for federal employees, or for private employees by a plan governed by ERISA. The following principles generally resolve these questions: • Federal law does...

A substantial part of the assets of many individuals consists of benefits from life insurance and retirement plans (collectively "plan benefits" and "plans," respectively). As an individual's family, friends, and preferred charities change, the intended goals of the individual with respect to...

There is ambiguity whether New York law permits a judgment creditor to enforce its claim against the debtor’s interest in an inherited individual retirement account (IRA). In contrast, some states have enacted legislation that protect inherited IRAs from creditors of a beneficiary. The article...

The estate planning of an individual who owns a professional or other enterprise that maintains a tax-advantaged plan, such as a self-directed 401(k) plan, requires more than the completion and filing of the individual’s plan beneficiary designations. Complete planning requires that measures...

This Article discusses the interaction between ERISA and family law (i.e., domestic relations law and estates law). The Supreme Court and the US Department of Labor (“DOL”) may improve the practice of both ERISA and family law by dispelling myths that they have reinforced. First, the Court...

Individuals often fund charitable gifts with their savings or retirement benefits. However, such benefits, other than those from a Roth individual retirement arrangement, are generally included in the individual's gross income when received, and may not be deductible from the donor's income....

Individuals often fund charitable gifts with their savings or retirement benefits. Such benefits, other than those from a Roth individual retirement account or annuity, are generally included in the individual's gross income when received. However, individuals may not be able to deduct for...

In New York, surviving spouses are protected by the right of election. But there is an unjust and avoidable flaw in those protections for the surviving spouses of New York public sector retirees: they may be left with no survivor benefits whatsoever, because the default benefit is an annuity...

New York surviving spouses are protected by the right of election and the Retirement Equity Act of 1984 (REACT). Although both cover retirement plan benefits, there is an unjust gap in these protections for the surviving spouses of retired New York public employees. These surviving spouses often...