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The University of Texas at Austin School of Law

ERISA: Federal Regulation of Health/Pension

  • Semester: Fall 2009
  • Course ID: 361M
  • Credit Hours: 3
  • Unique: 28680

Course Information

Registration Information

  • Upperclass-only elective

Meeting Times

Day Time Location
MON, TUE, WED 11:30 am - 12:20 pm TNH 3.114

Evaluation Method

Type Date Time Location
Final exam December 16, 2009 1:30 pm A-Z in 2.124

Description

This three-credit course will examine the Employee Retirement Income Security Act of 1974 ("ERISA"), the federal statute that regulates private employee pension, health and other benefits. ERISA regulates trillions of dollars of pension assets and billions of dollars of health care benefits: it led to the explosion of HMOs and is responsible for much of the widespread dissatisfaction with health benefit plans. Students will learn about the statute's structural protections for pension benefits, and the limits of its protections for non-pension benefits such as health coverage. We will explore the breadth of ERISA's federal preemption of state causes of action, the practical results of ERISA preemption, and its limits. We will review ERISA's fiduciary requirements and its resulting remedial structure-who can sue whom for what remedies. The course will touch on national policy concerns about pension savings and health benefits. A knowledge of ERISA is important to all employment law practitioners, including firms that advise and represent employers. There is no tax prerequisite for this class; the tax aspects of the statute will be touched on only very briefly.

Instructors

Headshot of Melinaraab, Angela T Melinaraab, Angela T
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