首页 > 最新文献

Employee benefits journal最新文献

英文 中文
The Puzzle of Panel Processing: ERISA, Complete Preemption, and the Federal Jurisdiction Gap 面板处理的难题:ERISA,完全优先权和联邦管辖权差距
Pub Date : 2015-11-17 DOI: 10.2139/ssrn.2698449
David L. Goodwin
Ordinarily, in federal practice, a plaintiff is master of the complaint. But the doctrine of "complete preemption," which affects certain federal laws, allows a defendant to recharacterize a plaintiff's state claims as being federal claims in disguise. An ordinary contract dispute, for instance, can transform into a pension battle, or a copyright action; and, thus recast, the lawsuit can be removed to federal court.The Puzzle of Panel Processing: ERISA, Complete Preemption, and the Federal Jurisdiction Gap traces, from its inception, the curious case of Sexton v. Panel Processing, which began as a state whistleblower suit and ended as a marquee Sixth Circuit decision about the Employee Retirement Income Security Act of 1974, the statutory behemoth more commonly known as ERISA. By tracing the path of Panel Processing and its odd procedural outcome, the piece highlights a possible gap between federal-question jurisdiction and the complete preemption process, a gap which has the potential to lead to unclear and frustrating jurisdictional outcomes at late stages of litigation. A modest tweak to federal practice-the sua sponte scrutiny of all removal notices premised on preemption doctrines-is proposed as the simplest practical solution to this problem.
通常,在联邦惯例中,原告是诉状的主人。但是,影响某些联邦法律的“完全优先”原则允许被告将原告的州索赔重新描述为伪装的联邦索赔。例如,一桩普通的合同纠纷可以演变成养老金之争或版权诉讼;而且,这样一来,诉讼可以转移到联邦法院。《专家组处理之谜:ERISA、完全优先权和联邦管辖权差距》追溯了塞克斯顿诉专家组处理一案的起源,该案件始于一起州举报人诉讼,最终以第六巡回法院对1974年《雇员退休收入保障法》的重大裁决而告终,该法案通常被称为ERISA。通过追溯专家组处理的路径及其奇怪的程序结果,本文突出了联邦问题管辖权与完整的优先程序之间可能存在的差距,这一差距有可能导致诉讼后期不明确和令人沮丧的司法结果。一个对联邦惯例的适度调整——以优先原则为前提的对所有搬迁通知的自发审查——被认为是解决这个问题的最简单可行的办法。
{"title":"The Puzzle of Panel Processing: ERISA, Complete Preemption, and the Federal Jurisdiction Gap","authors":"David L. Goodwin","doi":"10.2139/ssrn.2698449","DOIUrl":"https://doi.org/10.2139/ssrn.2698449","url":null,"abstract":"Ordinarily, in federal practice, a plaintiff is master of the complaint. But the doctrine of \"complete preemption,\" which affects certain federal laws, allows a defendant to recharacterize a plaintiff's state claims as being federal claims in disguise. An ordinary contract dispute, for instance, can transform into a pension battle, or a copyright action; and, thus recast, the lawsuit can be removed to federal court.The Puzzle of Panel Processing: ERISA, Complete Preemption, and the Federal Jurisdiction Gap traces, from its inception, the curious case of Sexton v. Panel Processing, which began as a state whistleblower suit and ended as a marquee Sixth Circuit decision about the Employee Retirement Income Security Act of 1974, the statutory behemoth more commonly known as ERISA. By tracing the path of Panel Processing and its odd procedural outcome, the piece highlights a possible gap between federal-question jurisdiction and the complete preemption process, a gap which has the potential to lead to unclear and frustrating jurisdictional outcomes at late stages of litigation. A modest tweak to federal practice-the sua sponte scrutiny of all removal notices premised on preemption doctrines-is proposed as the simplest practical solution to this problem.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"16 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76021159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Elderly Poverty in the United States in the 21st Century: Exploring the Role of Assets in the Supplemental Poverty Measure 21世纪美国老年贫困:资产在补充贫困指标中的作用探讨
Pub Date : 2015-11-01 DOI: 10.2139/ssrn.2693201
Christopher Wimer, Lucas Manfield
Official estimates of elderly poverty do not take into account either the medical needs of the elderly, which can be quite extensive, or the assets at their disposal, which may also be extensive. The new Supplemental Poverty Measure (SPM) explicitly takes into account medical needs but has been criticized for not concomitantly taking into account asset portfolios. In this paper we consider both jointly, using an approach adapted from a recent National Academy of Sciences report recommending methods for measuring poverty and medical risk while taking account of assets. We use longitudinal data from the Health and Retirement Study (HRS).
官方对老年人贫困的估计既没有考虑到老年人的医疗需求(这可能相当广泛),也没有考虑到老年人可以支配的资产(这也可能很广泛)。新的补充贫困措施(SPM)明确考虑了医疗需求,但因没有同时考虑资产组合而受到批评。在本文中,我们综合考虑了这两者,采用了一种改编自美国国家科学院(National Academy of Sciences)最近一份报告的方法,该报告推荐了在考虑资产的情况下衡量贫困和医疗风险的方法。我们使用来自健康与退休研究(HRS)的纵向数据。
{"title":"Elderly Poverty in the United States in the 21st Century: Exploring the Role of Assets in the Supplemental Poverty Measure","authors":"Christopher Wimer, Lucas Manfield","doi":"10.2139/ssrn.2693201","DOIUrl":"https://doi.org/10.2139/ssrn.2693201","url":null,"abstract":"Official estimates of elderly poverty do not take into account either the medical needs of the elderly, which can be quite extensive, or the assets at their disposal, which may also be extensive. The new Supplemental Poverty Measure (SPM) explicitly takes into account medical needs but has been criticized for not concomitantly taking into account asset portfolios. In this paper we consider both jointly, using an approach adapted from a recent National Academy of Sciences report recommending methods for measuring poverty and medical risk while taking account of assets. We use longitudinal data from the Health and Retirement Study (HRS).","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76581100","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Healthcare Exceptionalism? Performance and Allocation in the U.S. Healthcare Sector 医疗例外论吗?美国医疗保健行业的绩效和配置
Pub Date : 2015-10-01 DOI: 10.2139/ssrn.2698290
A. Chandra, Amy N. Finkelstein, Adam Sacarny, C. Syverson
The conventional wisdom in health economics is that idiosyncratic features of the healthcare sector leave little scope for market forces to allocate consumers to higher performance producers. However, we find robust evidence across a variety of conditions and performance measures that higher quality hospitals tend to have higher market shares at a point in time and expand more over time. Moreover, we find that the relationship between performance and allocation is stronger among patients who have greater scope for hospital choice, suggesting a role for patient demand in allocation in the hospital sector. Our findings suggest that the healthcare sector may have more in common with “traditional” sectors subject to standard market forces than is often assumed.
卫生经济学的传统观点是,医疗保健行业的特殊特点,让市场力量将消费者分配给性能更高的生产商的余地很小。然而,我们在各种条件和绩效指标中发现了强有力的证据,即高质量的医院往往在某一时间点拥有更高的市场份额,并随着时间的推移扩大更多。此外,我们发现在医院选择范围更大的患者中,绩效与分配之间的关系更强,这表明患者需求在医院部门的分配中起作用。我们的研究结果表明,医疗保健行业可能与受标准市场力量影响的“传统”行业有更多的共同点,而不是通常认为的那样。
{"title":"Healthcare Exceptionalism? Performance and Allocation in the U.S. Healthcare Sector","authors":"A. Chandra, Amy N. Finkelstein, Adam Sacarny, C. Syverson","doi":"10.2139/ssrn.2698290","DOIUrl":"https://doi.org/10.2139/ssrn.2698290","url":null,"abstract":"The conventional wisdom in health economics is that idiosyncratic features of the healthcare sector leave little scope for market forces to allocate consumers to higher performance producers. However, we find robust evidence across a variety of conditions and performance measures that higher quality hospitals tend to have higher market shares at a point in time and expand more over time. Moreover, we find that the relationship between performance and allocation is stronger among patients who have greater scope for hospital choice, suggesting a role for patient demand in allocation in the hospital sector. Our findings suggest that the healthcare sector may have more in common with “traditional” sectors subject to standard market forces than is often assumed.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"56 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87151987","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 77
What Does a Deductible Do? The Impact of Cost-Sharing on Health Care Prices, Quantities, and Spending Dynamics 免赔额有什么用?成本分担对医疗保健价格、数量和支出动态的影响
Pub Date : 2015-10-01 DOI: 10.1093/QJE/QJX013
Z. Brot-Goldberg, A. Chandra, B. Handel, Jonathan T. Kolstad
Measuring consumer responsiveness to medical care prices is a central issue in health economics and a key ingredient in the optimal design and regulation of health insurance markets. We study consumer responsiveness to medical care prices, leveraging a natural experiment that occurred at a large self-insured firm which required all of its employees to switch from an insurance plan that provided free health care to a non-linear, high deductible plan. The switch caused a spending reduction between 11.79%-13.80% of total firm-wide health spending. We decompose this spending reduction into the components of (i) consumer price shopping (ii) quantity reductions and (iii) quantity substitutions, finding that spending reductions are entirely due to outright reductions in quantity. We find no evidence of consumers learning to price shop after two years in high-deductible coverage. Consumers reduce quantities across the spectrum of health care services, including potentially valuable care (e.g. preventive services) and potentially wasteful care (e.g. imaging services). We then leverage the unique data environment to study how consumers respond to the complex structure of the high-deductible contract. We find that consumers respond heavily to spot prices at the time of care, and reduce their spending by 42% when under the deductible, conditional on their true expected end-of-year shadow price and their prior year end-of-year marginal price. In the first-year post plan change, 90% of all spending reductions occur in months that consumers began under the deductible, with 49% of all reductions coming for the ex ante sickest half of consumers under the deductible, despite the fact that these consumers have quite low shadow prices. There is no evidence of learning to respond to the true shadow price in the second year post-switch.
衡量消费者对医疗保健价格的反应是卫生经济学的核心问题,也是健康保险市场优化设计和监管的关键因素。我们研究了消费者对医疗保健价格的反应,利用了一个自然实验,这个实验发生在一家大型自我保险公司,该公司要求其所有员工从提供免费医疗保健的保险计划转向非线性的、高免赔额的计划。这一转变导致整个公司的医疗支出减少了11.79%-13.80%。我们将这种支出减少分解为(i)消费者价格购物(ii)数量减少和(iii)数量替代的组成部分,发现支出减少完全是由于数量的直接减少。我们没有发现消费者在高免赔额覆盖两年后学会定价购物的证据。消费者减少了各种卫生保健服务的数量,包括可能有价值的保健(如预防服务)和可能浪费的保健(如成像服务)。然后,我们利用独特的数据环境来研究消费者如何对高免赔额合同的复杂结构做出反应。我们发现,消费者在护理时对现货价格反应强烈,并且在免赔额下减少了42%的支出,条件是他们的真实预期年底影子价格和上一年年底边际价格。在计划改变后的第一年,90%的支出减少发生在消费者开始享受免赔额的几个月里,49%的支出减少发生在享受免赔额的消费者中病情最严重的那一半人身上,尽管这些消费者的影子价格相当低。没有证据表明,在转换后的第二年,人们学会了对真正的影子价格做出反应。
{"title":"What Does a Deductible Do? The Impact of Cost-Sharing on Health Care Prices, Quantities, and Spending Dynamics","authors":"Z. Brot-Goldberg, A. Chandra, B. Handel, Jonathan T. Kolstad","doi":"10.1093/QJE/QJX013","DOIUrl":"https://doi.org/10.1093/QJE/QJX013","url":null,"abstract":"Measuring consumer responsiveness to medical care prices is a central issue in health economics and a key ingredient in the optimal design and regulation of health insurance markets. We study consumer responsiveness to medical care prices, leveraging a natural experiment that occurred at a large self-insured firm which required all of its employees to switch from an insurance plan that provided free health care to a non-linear, high deductible plan. The switch caused a spending reduction between 11.79%-13.80% of total firm-wide health spending. We decompose this spending reduction into the components of (i) consumer price shopping (ii) quantity reductions and (iii) quantity substitutions, finding that spending reductions are entirely due to outright reductions in quantity. We find no evidence of consumers learning to price shop after two years in high-deductible coverage. Consumers reduce quantities across the spectrum of health care services, including potentially valuable care (e.g. preventive services) and potentially wasteful care (e.g. imaging services). We then leverage the unique data environment to study how consumers respond to the complex structure of the high-deductible contract. We find that consumers respond heavily to spot prices at the time of care, and reduce their spending by 42% when under the deductible, conditional on their true expected end-of-year shadow price and their prior year end-of-year marginal price. In the first-year post plan change, 90% of all spending reductions occur in months that consumers began under the deductible, with 49% of all reductions coming for the ex ante sickest half of consumers under the deductible, despite the fact that these consumers have quite low shadow prices. There is no evidence of learning to respond to the true shadow price in the second year post-switch.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"27 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81480746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 340
The 'Ultimate' Asset Protection Trust “终极”资产保护信托
Pub Date : 2015-09-03 DOI: 10.2139/SSRN.2655763
Nicholas A. Paleveda
The "Ultimate" Asset Protection Trust explores the world of pension plans and various types of pension plan designs. These retirement plans are primarily used for retirement, however they are protected from creditors under Federal Bankruptcy law. Pensions are covered in mystery as rules are confusing and only certain individuals such an Enrolled actuary may sign a schedule B on a 5500, the annual report used in a pension plan. Enrolled actuaries are few in number, today only about 4,000 in the United States compared with 1,340,000 attorneys and 2,000,000 who hold doctorate degrees. Hence, few individuals are aware of these plans. This paper provides a brief introduction into the world of pension plans and perhaps the "Ultimate" Asset Protection Trust - a Pension Trust.
“终极”资产保护信托探索养老金计划和各种养老金计划设计的世界。这些退休计划主要用于退休,但根据联邦破产法,它们受到债权人的保护。养老金是一个谜,因为规则令人困惑,只有某些人,如注册精算师,可以在5500年的附表B上签字,这是养老金计划中使用的年度报告。注册的精算师数量很少,今天在美国只有大约4000人,而拥有134万律师和200万博士学位的精算师。因此,很少有人知道这些计划。本文简要介绍了养老金计划的世界,也许是“终极”资产保护信托-养老金信托。
{"title":"The 'Ultimate' Asset Protection Trust","authors":"Nicholas A. Paleveda","doi":"10.2139/SSRN.2655763","DOIUrl":"https://doi.org/10.2139/SSRN.2655763","url":null,"abstract":"The \"Ultimate\" Asset Protection Trust explores the world of pension plans and various types of pension plan designs. These retirement plans are primarily used for retirement, however they are protected from creditors under Federal Bankruptcy law. Pensions are covered in mystery as rules are confusing and only certain individuals such an Enrolled actuary may sign a schedule B on a 5500, the annual report used in a pension plan. Enrolled actuaries are few in number, today only about 4,000 in the United States compared with 1,340,000 attorneys and 2,000,000 who hold doctorate degrees. Hence, few individuals are aware of these plans. This paper provides a brief introduction into the world of pension plans and perhaps the \"Ultimate\" Asset Protection Trust - a Pension Trust.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"2009 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89867479","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Racial Difference in the Use of VA Health Services 退伍军人医疗服务使用中的种族差异
Pub Date : 2015-09-01 DOI: 10.2139/ssrn.2738617
Chichun Fang, K. Langa, Helen Levy, D. Weir
We study the factors that affect the utilization of health care services administered by the Department of Veterans Affairs (VA) and its racial differences. Due to data limitation, previous research in this regard mostly only focuses on veterans who are VA users or at least eligible for VA services. We fill in the gap in literature with a random sample of veterans 51 and older from the Health and Retirement Study. We find that, among all veterans, those who are black and less healthy are more likely to use VA health services. These factors, nevertheless, are no longer statistically significant after the sample is restricted to veterans who are eligible for VA services. We also find that VA health services and services provided through other channels are at least partial substitutes: VA usage drops when a veteran becomes age eligible for Medicare or when a veteran has health insurance coverage through employment. This drop in usage holds not only among all veterans, but also among veterans eligible for VA services. Finally, perception about the quality of services delivered in VA versus non-VA facilities strongly predicts VA services usage. Those who have favorable views toward VA use VA services more, and the results from variance decomposition suggests a majority part of the racial difference in VA usage can be attributed to the racial difference in such perception.
我们研究了影响退伍军人事务部(VA)管理的医疗保健服务利用的因素及其种族差异。由于数据的限制,以往在这方面的研究大多只关注退伍军人服务用户或至少有资格获得退伍军人服务的退伍军人。我们从健康与退休研究中随机抽取了51岁及以上的退伍军人,填补了文献的空白。我们发现,在所有退伍军人中,那些黑人和健康状况较差的人更有可能使用退伍军人事务部的医疗服务。然而,在样本仅限于有资格获得VA服务的退伍军人之后,这些因素不再具有统计意义。我们还发现,退伍军人医疗服务和通过其他渠道提供的服务至少是部分替代:当退伍军人达到享受医疗保险的年龄或退伍军人通过就业获得医疗保险时,退伍军人医疗服务的使用率就会下降。这种使用率的下降不仅存在于所有退伍军人中,也存在于有资格获得VA服务的退伍军人中。最后,对VA和非VA设施提供的服务质量的感知强烈地预测了VA服务的使用情况。那些对VA有好感的人更多地使用VA服务,方差分解的结果表明,VA使用的大部分种族差异可归因于这种感知的种族差异。
{"title":"Racial Difference in the Use of VA Health Services","authors":"Chichun Fang, K. Langa, Helen Levy, D. Weir","doi":"10.2139/ssrn.2738617","DOIUrl":"https://doi.org/10.2139/ssrn.2738617","url":null,"abstract":"We study the factors that affect the utilization of health care services administered by the Department of Veterans Affairs (VA) and its racial differences. Due to data limitation, previous research in this regard mostly only focuses on veterans who are VA users or at least eligible for VA services. We fill in the gap in literature with a random sample of veterans 51 and older from the Health and Retirement Study. We find that, among all veterans, those who are black and less healthy are more likely to use VA health services. These factors, nevertheless, are no longer statistically significant after the sample is restricted to veterans who are eligible for VA services. We also find that VA health services and services provided through other channels are at least partial substitutes: VA usage drops when a veteran becomes age eligible for Medicare or when a veteran has health insurance coverage through employment. This drop in usage holds not only among all veterans, but also among veterans eligible for VA services. Finally, perception about the quality of services delivered in VA versus non-VA facilities strongly predicts VA services usage. Those who have favorable views toward VA use VA services more, and the results from variance decomposition suggests a majority part of the racial difference in VA usage can be attributed to the racial difference in such perception.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"74 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80004143","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Comparing Retirement Wealth Trajectories on Both Sides of the Pond 比较大西洋两岸的退休财富轨迹
Pub Date : 2015-09-01 DOI: 10.2139/ssrn.2712341
R. Blundell, Rowena Crawford, Eric French, G. Tetlow
We use comparable data from the US and England to examine similarities and differences in the level and trajectories of assets among households aged 70 and over. We find that in the US assets on average decline gradually with age, while in England older households actually accumulate wealth. These differences appear to be driven largely, though not entirely, by housing wealth: over the period we consider house price growth drove increases in housing wealth in England that more than offset the slow draw down of non-housing wealth. This suggests the illiquid nature of housing is likely to be an important factor in explaining wealth drawdown at older ages. We also consider the potential importance of bequest motives and savings to insure against the risk of medical and long-term care expenses.
我们使用来自美国和英国的可比数据来研究70岁及以上家庭资产水平和轨迹的异同。我们发现,在美国,资产平均随着年龄的增长而逐渐减少,而在英国,老年家庭实际上是在积累财富。这些差异似乎在很大程度上(尽管不是全部)是由住房财富驱动的:在此期间,我们认为房价上涨推动了英国住房财富的增长,这远远抵消了非住房财富的缓慢下降。这表明,住房的非流动性可能是解释老年人财富缩水的一个重要因素。我们还考虑了遗赠动机和储蓄对医疗和长期护理费用风险的潜在重要性。
{"title":"Comparing Retirement Wealth Trajectories on Both Sides of the Pond","authors":"R. Blundell, Rowena Crawford, Eric French, G. Tetlow","doi":"10.2139/ssrn.2712341","DOIUrl":"https://doi.org/10.2139/ssrn.2712341","url":null,"abstract":"We use comparable data from the US and England to examine similarities and differences in the level and trajectories of assets among households aged 70 and over. We find that in the US assets on average decline gradually with age, while in England older households actually accumulate wealth. These differences appear to be driven largely, though not entirely, by housing wealth: over the period we consider house price growth drove increases in housing wealth in England that more than offset the slow draw down of non-housing wealth. This suggests the illiquid nature of housing is likely to be an important factor in explaining wealth drawdown at older ages. We also consider the potential importance of bequest motives and savings to insure against the risk of medical and long-term care expenses.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"7 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80160573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 26
The PBGC Wins a Case When the Debtor Keeps Its Pension Plan 当债务人保留其养老金计划时,PBGC赢了一个案子
Pub Date : 2015-09-01 DOI: 10.2139/SSRN.2716996
Israel Goldowitz, Garth Wilson, E. Kim, Kirsten Bender
The Pension Benefit Guaranty Corporation, the federal agency charged with insuring private-sector defined benefit pension plans, has long had a prominent role in corporate bankruptcies. PBGC focuses its effort on the continuation of pension plans, in true reorganizations and in sales of businesses. To this end, ERISA has made it more difficult for a sponsor to terminate a plan in its own economic interest. For example, a sponsor's latitude to terminate an underfunded plan was limited to circumstances involving the sponsor's financial distress. Likewise, the termination premium, which was added to ERISA in recent years, is an obligation that survives bankruptcy and it may help to deter some unwarranted terminations. Unfortunately, in some cases, PBGC must seek plan termination, and PBGC then seeks to maximize its recoveries. These are blunt tools, however, and the case law has further dulled them. With plan continuation the preferred outcome, PBGC succeeds in its statutory mission whenever a sponsor emerges from bankruptcy with its pension plan ongoing.
长期以来,负责为私营部门固定收益养老金计划提供保险的联邦机构养老金福利担保公司(Pension Benefit Guaranty Corporation)在企业破产中一直扮演着重要角色。PBGC专注于养老金计划的延续、真正的重组和业务销售。为此,ERISA使保荐人更难以出于自身经济利益而终止计划。例如,保荐人终止资金不足计划的自由仅限于涉及保荐人财务困难的情况。同样,近年来加入ERISA的解雇费是一项在破产后仍然有效的义务,它可能有助于阻止一些没有根据的解雇。不幸的是,在某些情况下,PBGC必须寻求终止计划,然后PBGC寻求最大化其恢复。然而,这些都是生硬的工具,判例法进一步使它们变得迟钝。由于计划延续是首选结果,每当赞助商从破产中脱颖而出,其养老金计划仍在进行时,PBGC就会成功履行其法定使命。
{"title":"The PBGC Wins a Case When the Debtor Keeps Its Pension Plan","authors":"Israel Goldowitz, Garth Wilson, E. Kim, Kirsten Bender","doi":"10.2139/SSRN.2716996","DOIUrl":"https://doi.org/10.2139/SSRN.2716996","url":null,"abstract":"The Pension Benefit Guaranty Corporation, the federal agency charged with insuring private-sector defined benefit pension plans, has long had a prominent role in corporate bankruptcies. PBGC focuses its effort on the continuation of pension plans, in true reorganizations and in sales of businesses. To this end, ERISA has made it more difficult for a sponsor to terminate a plan in its own economic interest. For example, a sponsor's latitude to terminate an underfunded plan was limited to circumstances involving the sponsor's financial distress. Likewise, the termination premium, which was added to ERISA in recent years, is an obligation that survives bankruptcy and it may help to deter some unwarranted terminations. Unfortunately, in some cases, PBGC must seek plan termination, and PBGC then seeks to maximize its recoveries. These are blunt tools, however, and the case law has further dulled them. With plan continuation the preferred outcome, PBGC succeeds in its statutory mission whenever a sponsor emerges from bankruptcy with its pension plan ongoing.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"31 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75007425","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Wisconsin Worker's Compensation: Arising Out of Employment 威斯康星州工人赔偿:由就业引起的
Pub Date : 2015-08-02 DOI: 10.2139/SSRN.2638921
Eric W. Lengell
This article describes Wisconsin worker's compensation law determining whether a workplace accident or occupational disease "arises out of employment." An accident, which occurs at one point of time, or a disease, which occurs over a period of time, may cause injury in innumerable ways; for example, an employee may sustain injury from an outside force, activity, or exposure to noise, fumes, or stress -- to name just a few potential hazards. In Wisconsin, the positional-risk doctrine, the usual-work rule, and the unusual-stress test determine when the cause of injury -- whether an accident or disease -- is considered to arise out of employment.
这篇文章描述了威斯康星州的工人赔偿法,确定工作场所事故或职业病是否“因就业而产生”。在某个时间点发生的事故,或在一段时间内发生的疾病,可能会以无数种方式造成伤害;例如,员工可能会因外力、活动或暴露于噪音、烟雾或压力而受伤——这里仅列举几个潜在的危险。在威斯康辛州,职位风险原则、正常工作规则和异常压力测试决定了工伤的原因——无论是事故还是疾病——何时被认为是由就业引起的。
{"title":"Wisconsin Worker's Compensation: Arising Out of Employment","authors":"Eric W. Lengell","doi":"10.2139/SSRN.2638921","DOIUrl":"https://doi.org/10.2139/SSRN.2638921","url":null,"abstract":"This article describes Wisconsin worker's compensation law determining whether a workplace accident or occupational disease \"arises out of employment.\" An accident, which occurs at one point of time, or a disease, which occurs over a period of time, may cause injury in innumerable ways; for example, an employee may sustain injury from an outside force, activity, or exposure to noise, fumes, or stress -- to name just a few potential hazards. In Wisconsin, the positional-risk doctrine, the usual-work rule, and the unusual-stress test determine when the cause of injury -- whether an accident or disease -- is considered to arise out of employment.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73673822","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Medicaid Program 医疗补助计划
Pub Date : 2015-07-01 DOI: 10.7208/9780226370507-003
T. Buchmueller, John C. Ham, Lara D. Shore-Sheppard
In both its costs and the number of its enrollees, Medicaid is the largest means-tested transfer program in the United States. It is also a fundamental part of the health care system, providing health insurance to low-income families, indigent seniors, disabled adults and, in some states, low-income adults more broadly. This paper reviews the history and structure of the Medicaid program and the large body of economic research that it has spawned in the nearly half century since it was established. We begin by summarizing the program’s history, goals and current rules. We then present program statistics, mainly related to enrollment and expenditures. Finally we turn to the research on the impact of Medicaid on a broad range of outcomes, discussing theoretical and methodological issues important for understanding these effects and reviewing the empirical literature, describing what has been learned thus far, investigating areas where studies seem to reach different conclusions and pointing to areas where we believe additional research would be fruitful.
就成本和参保人数而言,医疗补助计划是美国最大的经经济状况调查的转移支付计划。它也是医疗保健系统的一个基本组成部分,为低收入家庭、贫困老年人、残疾成年人以及在某些州更广泛地为低收入成年人提供医疗保险。本文回顾了医疗补助计划的历史和结构,以及自该计划成立近半个世纪以来产生的大量经济研究。我们首先总结一下这个项目的历史、目标和当前的规则。然后,我们展示了项目统计数据,主要与入学和支出有关。最后,我们转向对医疗补助对广泛结果的影响的研究,讨论理论和方法问题,这些问题对于理解这些影响和回顾实证文献很重要,描述迄今为止学到的东西,调查研究似乎得出不同结论的领域,并指出我们认为进一步研究将取得成果的领域。
{"title":"The Medicaid Program","authors":"T. Buchmueller, John C. Ham, Lara D. Shore-Sheppard","doi":"10.7208/9780226370507-003","DOIUrl":"https://doi.org/10.7208/9780226370507-003","url":null,"abstract":"In both its costs and the number of its enrollees, Medicaid is the largest means-tested transfer program in the United States. It is also a fundamental part of the health care system, providing health insurance to low-income families, indigent seniors, disabled adults and, in some states, low-income adults more broadly. This paper reviews the history and structure of the Medicaid program and the large body of economic research that it has spawned in the nearly half century since it was established. We begin by summarizing the program’s history, goals and current rules. We then present program statistics, mainly related to enrollment and expenditures. Finally we turn to the research on the impact of Medicaid on a broad range of outcomes, discussing theoretical and methodological issues important for understanding these effects and reviewing the empirical literature, describing what has been learned thus far, investigating areas where studies seem to reach different conclusions and pointing to areas where we believe additional research would be fruitful.","PeriodicalId":76903,"journal":{"name":"Employee benefits journal","volume":"10 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2015-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75738200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 61
期刊
Employee benefits journal
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1