Document Type

Article

Publication Year

2010

Journal Title

Washington University Law Review

Abstract

In the United States, retirement income and health insurance are largely provided through private promises made incident to employment. These “benefit promises” are governed by a statute called ERISA, which many healthcare and pension scholars argue is the cause of fundamental problems with our nation’s health and retirement policy. Inevitably, however, they advance narrowly tailored proposals to amend the statute. This occurs because of the widely-held view that reform should leave undisturbed the underlying core of the statute. This Article develops a theory of ERISA designed to illustrate the unavoidable need for structural reform.

First Page

433

Last Page

474

Num Pages

42

Volume Number

88

Issue Number

2

FIle Type

PDF

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