ERISA & Uncertainty

51 Pages Posted: 1 Apr 2010 Last revised: 1 Sep 2010

See all articles by Brendan S. Maher

Brendan S. Maher

University of Connecticut School of Law

Peter K. Stris

Whittier Law School; Stris & Maher LLP

Date Written: March 30, 2010


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.

Keywords: ERISA, pension, health care, social welfare

Suggested Citation

Maher, Brendan S. and Stris, Peter K., ERISA & Uncertainty (March 30, 2010). Washington University Law Review, Forthcoming. Available at SSRN:

Brendan S. Maher (Contact Author)

University of Connecticut School of Law ( email )

65 Elizabeth Street
Hartford, CT 06105
United States


Peter K. Stris

Whittier Law School ( email )

3333 Harbor Blvd.
Costa Mesa, CA 92626
United States

Stris & Maher LLP ( email )

1920 Abrams Parkway, #430
Dallas, TX 75214
United States

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