ERISA, a Quarter Century of Providing Workers Health Insurance: Hearing Before the Subcommittee on Employer-Employee Relations of the Committee on Education and the Workforce, House of Representatives, One Hundred Sixth Congress, First Session, Hearing Held in Washingtn, DC, February 24, 1999, Volume 4

Front Cover
 

Other editions - View all

Common terms and phrases

Popular passages

Page 139 - Great cases like hard cases make bad law. For great cases are called great, not. by reas'on of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment.
Page 79 - Neither an employee benefit plan described in section 4(a), which is not exempt under section 4(b) (other than a plan established primarily for the purpose of providing death benefits), nor any trust established under such a plan, shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company or to be engaged in the business of insurance or banking for purposes of any law of any State purporting to regulate insurance companies, insurance contracts, banks,...
Page 78 - Except as provided in subsection (b) of this section, the provisions of this title and title IV shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan described in section 4(a) and not exempt under section 4(b).
Page 79 - Except as provided in subparagraph (B), nothing in this title shall be construed to exempt or relieve any person from any law of any State which regulates insurance, banking, or securities.
Page 142 - three criteria relevant in determining whether a particular practice is part of the 'business of insurance; 'first, whether the practice has the effect of transferring or spreading a policyholder's risk; second, whether the practice is an integral part of the policy relationship between the insurer and the insured; and third, whether the practice is limited to entities within the insurance industry.
Page 2 - Committee rules any oral opening statements at hearings are limited to the chairman and the Ranking Minority member. This will allow us to hear from our witnesses sooner and help members keep to their schedules.
Page 68 - Commerce abroad, an increasing number of members are engaged in the export and import of both goods and services and have ongoing investment activities. The Chamber favors strengthened international competitiveness and opposes artificial US and foreign barriers to international business. Positions on national issues are developed by a cross-section of Chamber members serving on committees, subcommittees, and task forces.
Page 67 - The Chamber's mission is to advance human progress through an economic, political and social system based on individual freedom. incentive, initiative, opportunity and responsibility.
Page 46 - I am appearing before you today on behalf of the Association of Private Pension and Welfare Plans (APPWP-The Benefits Association), a national trade association of companies concerned about the employee benefits system.
Page 79 - Act) he is not equipped to safeguard either his own rights or the plan assets. Furthermore, a fiduciary standard embodied in Federal legislation is considered desirable because it will bring a measure of uniformity in an area where decisions under the same set of facts may differ from state to state. It is expected that courts will interpret the prudent man rule and other fiduciary standards bearing in mind the special nature and purposes of employee benefit plans intended to be effectuated by the...