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Issue: Fall 2018

About This Issue

The leaves begin to turn, the flood waters recede, and the baseball playoff season begins. We know, as Mr. Buffet taught us long ago and as he and Mr. Chesney recently reminded us, that there is still no point in “Trying to Reason With the Hurricane Season” We also know it’s time for the next edition of this Newsletter. Our continuing efforts to address a broad spectrum of issues and developments of interest bring you the following offerings in this edition:

  • Our annual fall feature, “Circuit Round Up” is brought to us this year by Andrew Kantor and our own Michelle Roberts, who graciously and briefly steps out of the editorial chair to offer items of interest from the courts since our Mid-Winter Meeting;
  • Mark Poerio analyzes the inner workings of open window severance plans in his article, “Voluntary Severance Plans: From Success to Backfire.”
  • John A. Turner and Jennifer Brown bravely go where few would be willing to tread in assessing the Required Minimum Distribution rules and offering some potential concepts for simplification in their paper “Complex RMD Policy: Behavioral Economics and Principle-Based Public Policy for Older Retiree Participants.”
  • Our incoming Government Co-Chair, Joanne Roskey, offers her insights on being elevated from co-editor of this Newsletter to EBC leadership;
  • Russell L. Hirschhorn and Thomas A. Utzinger raise an interesting question for those advising ERISA fiduciaries in their article “Are ESG-Related Investments Right for Your ERISA Plan?
  • The Employee Benefits Jurisprudence of Justice Anthony Kennedy” is offered by another of our editors, this time James M. Nelson, stepping out of that chair to offer some reflections on retiring Justice Kennedy’s employee benefits legacy; and
  • The ever-popular “As we go to e-Press” returns.

The members of the editorial board remain keenly interested in your feedback on whether we are capturing what you would like to see in your newsletter. They would also be delighted to discuss article ideas you may have. Those with thoughts on issues they would like to see addressed and/or thoughts on articles should contact one of the editors.


Jim Nelson, Greenberg Traurig, LLP

Joanne Roskey, U.S. Department of Labor

Catha Worthman, Feinberg Jackson Worthman and Wasow, LLP

Doug Selwyn, Conner & Winters LLP