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3 - Disclosure

from Part II - Conduct Controls: Welfare and Pension Plans

Published online by Cambridge University Press:  15 February 2024

Peter J. Wiedenbeck
Affiliation:
Washington University School of Law
Brendan S. Maher
Affiliation:
Texas A&M University School of Law
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Summary

ERISA grants claimants a private right of action to recover benefits due to them or to obtain “appropriate equitable relief” to enforce statutory obligations, including disclosure requirements and fiduciary duties. This civil enforcement mechanism puts teeth in the disclosure regime, as the courts have found that an incomplete or erroneous description of plan terms can sometimes bind the plan or trigger fiduciary liability. Disclosure of plan finances may deter fiduciary misconduct. Should deterrence fail, disclosure provides plan participants and beneficiaries the information they need to monitor plan administration to enforce their rights. Disclosure also gives workers the information to evaluate their employment and retirement options, allowing them to adjust their personal financial affairs to the employer’s program. Appreciating pension plan limits enables participants to determine the extent of additional individual savings needed to provide sufficient resources in retirement. Knowledge about welfare benefits assists workers making decisions about their need to save for health care costs not covered by the employer’s plan, or to secure additional life or disability insurance. This planning function promotes economic efficiency.

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Chapter
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ERISA Principles , pp. 61 - 115
Publisher: Cambridge University Press
Print publication year: 2024

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  • Disclosure
  • Peter J. Wiedenbeck, Washington University School of Law, Brendan S. Maher, Texas A&M University School of Law
  • Book: ERISA Principles
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781316711507.008
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  • Disclosure
  • Peter J. Wiedenbeck, Washington University School of Law, Brendan S. Maher, Texas A&M University School of Law
  • Book: ERISA Principles
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781316711507.008
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Disclosure
  • Peter J. Wiedenbeck, Washington University School of Law, Brendan S. Maher, Texas A&M University School of Law
  • Book: ERISA Principles
  • Online publication: 15 February 2024
  • Chapter DOI: https://doi.org/10.1017/9781316711507.008
Available formats
×