ERISA Law School Paper

[Hambbino90]

Hello,

As a final exam I've been allowed to write a 15 page paper on any ERISA topic. The thing is I have no idea what to write about. I do have Lexus Nexus, which should make the process of writing the paper easier, but I have no idea what to write about! Possibly something easy to understand.

Best,

Hambbino

[GMK]

Since I'm in such a good mood this morning,

write about the primary effects of requiring ERISA fiduciary rules to apply to elected and appointed government officials and their staffs. Yah, I live in a dream world sometimes, but it is a serious suggestion and should make for interesting reading.

[ESOP Guy]

Are you supposed to write about a topic to explain what it means or more like GMK's suggestion of policy change?

If it is the first thing that you would write about the fiduciary standard and rules for qualified plans.

If the 2nd then GMK's suggestion is good. In particular in my mind is how holding them to those rules and maybe even funding rules could have helped prevented the public pension funding problems or how it could help avoid it in the future.

[jpod]

What was the subject matter of the course? ERISA Title I Fiduciary responsibility, etc., or Qualified Retirement Plans, or both?

[RatherBeGolfing]

Hello,

As a final exam I've been allowed to write a 15 page paper on any ERISA topic. The thing is I have no idea what to write about. I do have Lexus Nexus, which should make the process of writing the paper easier, but I have no idea what to write about! Possibly something easy to understand.

Best,

Hambbino

Ah I miss the law school days with unlimited use of Lexis and Westlaw

What class is it for? There are tons of topics within ERISA so I would pick one that you are at least somewhat interested in because it really helps when you try to get those writing juices flowing and professors pick up on that real fast.

It has been a while since law school but feel free to PM me if you want to talk about topic ideas and what direction to take them

J

[ETA Consulting LLC]

If I had to write such a paper, I would use a broad scope. I would write about the environment prior to ERISA (with the IRS and DOL often in disagreement on various issues). Then, with ERISA, Title I dealt with Participant Rights, Title II amended the Internal Revenue Code. Title III appropriated responsibilities between the DOL and IRS (DOL having purview over Title I issues) and IRS with Tax issues. Title IV created the PBGC.

You than then speak to some times that are covered under both the DOL and IRS (i.e. Exclusive Benefit rule in Title I is virtually same as Section 401(a)(2) of IRC. Anti-assignment is same as Section 401(a)(13). Prohibited Transactions is in Section 4975 of IRC.

So, while they each have their respective areas of enforcement, there is still areas of overlap; where either one may hit you over the head for a single issue :-)

That would make for a good paper; I'd read it.

Good Luck!

[GMK]

ETA - don't know one way or the other, but from what I've read here at BenefitsLink, MBozek may have already written this paper.

Actually, I'd be interested to know if he's published any such overview papers.

[Belgarath]

Might be tough to condense into 15 pages. I'm reminded of a "Peanuts" cartoon.

Frame 1 - Peppermint Patty sitting at a desk - frame entitled "History Test."

Frame 2 - "Explain the Civil War."

Frame 3 - Peppermint Patty saying, "Explain the Civil War?!"

Frame 4 - "Use both sides of the paper if necessary."

[My 2 cents]

I hope that the objective for both the law professor and the original poster is that the original poster will apply diligence and learn something meaningful! I have some concerns with the implications of the final phrase of the original post.

[ETA Consulting LLC]

Might be tough to condense into 15 pages.

That may be a good thing :-) I remember those days in the late 80s where I would increase the font size just to meet the size requirements, because I've already ran out of words :-) That was nearer (closer to) the beginning of the word processors and Apple Macintosh packages that allowed these types of manipulations (making typewriters obsolete) :-) Having to cut words down makes every sentence more powerful :-) Just limit your drill downs and keep the overall focus on how the legislation has developed the private pension industry into what it is today. Just a thought.

Good Luck!

[AdrianG001]

I miss those days of Law school where i used to study and access my law software suit  remotely with my friends on my …….

Regards,

Adrian Gates