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ERISA & Uncertainty

Brendan S. Maher

University of Connecticut School of Law

Peter K. Stris

Whittier Law School; Stris & Maher LLP

March 30, 2010

Washington University Law Review, Forthcoming

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.

Number of Pages in PDF File: 51

Keywords: ERISA, pension, health care, social welfare

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Date posted: April 1, 2010 ; Last revised: September 1, 2010

Suggested Citation

Maher, Brendan S. and Stris, Peter K., ERISA & Uncertainty (March 30, 2010). Washington University Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1582207

Contact Information

Brendan S. Maher (Contact Author)
University of Connecticut School of Law ( email )
65 Elizabeth Street
Hartford, CT 06105
United States
HOME PAGE: http://www.law.uconn.edu/faculty/profiles/brendan-s-maher
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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Footnotes:  202