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    Employee Benefits Law, Fourth Edition 2022 Update

    Edited by Russell Laurence Hirschhorn

    Employee Benefits Law, Fourth Edition 2022 Update

    Employee Benefits Law, Fourth Edition 2022 Update

    Edited by Russell Laurence Hirschhorn

    The Employee Benefits Law, covers a wide range of topics from different aspects of employee benefits law, with chapters touching on breach of fiduciary duty litigation; on benefit claims adjudication and litigation; on tax compliance, qualification, and consequences under the Code; on issues unique to multiemployer plans; on regulation and administration of health care benefit plans. Each area has had significant development over the years, taking turns being in the spotlight as current events have impacted employee benefit plans.

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    The Benefits Landscape Today

    As the Introductions to the prior editions of Employee Benefits Law demonstrated, the passage of
    the Employee Retirement Income Security Act of 1974 (ERISA) was, to quote the Beatles, a “long
    and winding road.” Along the way, many important issues were flagged, analyzed, debated, but
    ultimately shelved by the Congressional drafters; perhaps they were too hard to resolve technically
    at the time, or the fractious jurisdictional rivalries within both the Executive and Legislative
    branches made consensus elusive, or the framers had neither the stamina nor the political will to
    finally resolve all of the key issues. As a result, not only have we followed an uneven path toward
    achieving ERISA’s original objectives but also, as the employee benefits landscape has evolved,
    some of these objectives have changed with the passage of time or in response to emerging issues.
    The changes in the retirement marketplace discussed in the Introduction to the Third Edition have
    continued to accelerate. In the pension world, the continued shift from defined benefit plans to
    defined contribution plans, the increase in self-directed retirement accounts, and the tsunami of
    plan assets that have moved out of the qualified plan universe into the largely unregulated IRA
    marketplace as a result of rollovers have all exposed problems in the system that pose real risks for
    plan participants and individuals struggling to save for retirement.

    At the same time, the growth in importance of health and welfare benefits to working individuals
    and their families has highlighted the need to protect these benefits and spawned sometimes lively
    discussion of new means to do so.

    With respect to all these objectives, we previously identified the growing importance of regulation
    and litigation in filling in the gaps left by the drafters and addressing the new issues that have
    arisen as a result of the marketplace evolution described above. This Fourth Edition is replete with
    examples of this phenomenon both in the context of ERISA-covered pension plans and in the
    evolving health care marketplace shaped through significant regulations affecting group health
    plans under laws such as the Patient Protection and Affordable Care Act of 2010 (the Affordable
    Care Act or ACA), or the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA).

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    Publication Date

    1/3/2022 12:00:00 AM

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