
Global Issues in Employee Benefits Law
by Secunda, Paul M.; Estreicher, Samuel; Connor, Rosalind J.Buy New
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Summary
Table of Contents
Preface | p. v |
Acknowledgments | p. vii |
Table of Cases | p. xix |
Sovereignty and Jurisdictional Issues | p. 1 |
U.S. Employees Working Abroad | p. 2 |
Maurais v. Snyder | p. 2 |
Notes and Questions | p. 5 |
Foreign Employees Working in the United States | p. 7 |
Foreign Employees Employed Lawfully in the United States | p. 8 |
Lasheen v. The Loomis Co. | p. 8 |
Notes and Questions | p. 12 |
Foreign Sovereign Immunities Act (FSIA) Issues | p. 13 |
Notes and Questions | p. 14 |
Undocumented Workers | p. 15 |
Notes and Questions | p. 16 |
Comparative Jurisdictional Issues | p. 17 |
UK Pensions Act and Extraterritoriality | p. 17 |
Notes & Questions | p. 20 |
Pension Issues | p. 21 |
Social Security and Social Insurance Schemes | p. 23 |
United States | p. 23 |
Historical Background and Development of Social Security | p. 23 |
Bowen v. Public Agencies Opposed to Social Sec. Entrapment | p. 25 |
Notes and Questions | p. 28 |
United Kingdom | p. 29 |
Recent and Prospective Developments in Retirement Programs in the UK | p. 29 |
Notes and Questions | p. 31 |
The Variety of Social Insurance Schemes | p. 32 |
France | p. 32 |
Germany | p. 32 |
Schmahl, Dismantling an Earnings-Related Social Pension Scheme: Germany's New Pension Policy | p. 32 |
Japan | p. 33 |
Nagura, Setting Up Enterprises in Japan | p. 33 |
Yuji Horioka et al., Aging, Savings, and Public Pensions in Japan | p. 35 |
Notes & Questions | p. 37 |
Spain | p. 38 |
Social Security and Social Insurance Schemes-Continued | |
India | p. 39 |
Kakar, Retirement in India: Pension Benefits and Beyond | p. 39 |
China | p. 41 |
Israel | p. 41 |
South Africa | p. 41 |
Notes & Questions | p. 43 |
Supplementary Private Pension Arrangements | p. 45 |
United States | p. 45 |
Zelinsky, The Defined Contribution Paradigm | p. 45 |
Notes & Questions | p. 55 |
Germany | p. 56 |
Schmahl, Dismantling an Earnings-Related Social Pension Scheme: Germany's New Pension Policy | p. 56 |
Notes & Questions | p. 57 |
United Kingdom | p. 58 |
Notes & Questions | p. 59 |
Japan | p. 60 |
Nagura, Setting Up Enterprises in Japan | p. 60 |
Notes & Questions | p. 61 |
New Zealand Optional Retirement Savings Program | p. 62 |
Selected Issues in the Regulation of Supplementary Private Pensions | p. 63 |
Pension Plan Terminations | p. 63 |
Buschau v. Rogers Communications, Inc. | p. 64 |
Notes & Questions | p. 70 |
Successorship Obligations in Mergers and Acquisitions | p. 71 |
Connor et al., Pensions Issues in European Mergers and Acquisitions | p. 71 |
The Licensing of Pension Entities | p. 74 |
OECD-IOPS Guidelines on the Licensing of Pension Entities | p. 74 |
Notes & Questions | p. 76 |
Toward a European Single Market | p. 77 |
Notes & Questions | p. 81 |
Fiduciary Duties/Duty of Good Faith | p. 82 |
Imperial Group Pension Trust Ltd & ORS v. Imperial Tobacco Ltd & ORS | p. 83 |
Notes & Questions | p. 88 |
Special Issues for the Global Employer and Employee | p. 89 |
Social Security Integration | p. 90 |
Loebl & Pianko, The Critical Elements in Navigating Social Insurance Integration for the Expat-the U.S. Perspective | p. 90 |
Notes & Questions | p. 96 |
Healthcare Issues | p. 99 |
Medicare and Medicaid-Type National Health Programs | p. 99 |
United States | p. 99 |
Horwitz, The Virtues of Medicare | p. 99 |
Rosenbaum, Medicaid At Forty: Revisiting Structure And Meaning In A Post-Deficit Reduction Act Era | p. 103 |
Notes & Questions | p. 104 |
Medicare and Medicaid-Type National Health Programs-Continued | |
Canada | p. 106 |
Nelson, a Tale of Three Systems: A Comparative Overview Of Health Care Reform In England, Canada, and the United States | p. 106 |
Notes & Questions | p. 108 |
United Kingdom and European Union | p. 109 |
Foubister et al., Private Medical Insurance in the United Kingdom | p. 109 |
Nelson, A Tale of Three Systems | p. 110 |
Regina (On the Application of Grogan) v. Bexley NHS Care Trust | p. 113 |
Regina (On the Application of Watts) v. Bedford Primary Care Trust (Case C-372/04) | p. 116 |
Notes & Questions | p. 122 |
U.S. Employer-Based Health Insurance | p. 124 |
State Efforts to Impose Health Care Coverage Requirements on Employers | p. 124 |
Retail Industry Leaders Association v. Fielder | p. 125 |
Notes & Questions | p. 130 |
Dual-Role Issues | p. 131 |
Metropolitan Life Insurance Co. v. Glenn | p. 132 |
Notes & Questions | p. 138 |
National Health Insurance With a Private Overlay | p. 139 |
Canada | p. 139 |
Lapointe-Fisher Nursing Home v. United Food & Commercial Workers International Union, Local 175/633 | p. 140 |
Chaoulli v. Quebec | p. 144 |
Notes & Questions | p. 147 |
United Kingdom | p. 151 |
Foubister et al., Private Medical Insurance in the United Kingdom | p. 151 |
Notes & Questions | p. 155 |
Japan | p. 155 |
Fukawa, Public Health Insurance in Japan | p. 155 |
Notes & Questions | p. 159 |
France | p. 160 |
Buchmueller & Couffinhal, Private Health Insurance In France | p. 161 |
Notes & Questions | p. 163 |
Note on Dutch and Swiss Models for Health Care Reform | p. 164 |
Australia | p. 165 |
White, Paying for Patients: Choice of Law, Conflicting Interests, and Evolving Standards of Health Care Remuneration | p. 165 |
Re Australian Association of Pathology Practices Inc. | p. 167 |
Notes & Questions | p. 168 |
Chile | p. 169 |
Sapelli, Risk Segmentation, Moral Hazard and Equity in a Mandatory Health Insurance System (2005) | p. 169 |
Notes & Questions | p. 173 |
Mexico | p. 175 |
White, Paying for Patients: Choice of Law, Conflicting Interests, and Evolving Standards of Health Care Remuneration | p. 175 |
Notes & Questions | p. 176 |
Note on Health Insurance in Developing Countries | p. 176 |
Discrimination Issues | p. 179 |
Council Directive of 27 November 2000 (2000/78/EC) | p. 179 |
Notes & Questions | p. 184 |
Age Discrimination | p. 187 |
United States | p. 187 |
Hazen Paper Co. v. Biggins | p. 187 |
Notes & Questions | p. 190 |
European Union | p. 192 |
Council Directive of 27 November 2000 (2000/78/EC) | p. 192 |
Palacios De La Villa v. Cortefiel Servicios | p. 193 |
Notes & Questions | p. 196 |
United Kingdom | p. 197 |
The Employment Equality (Age) Regulations 2006 | p. 197 |
Justifiable Age Classifications: The First U.K. Tribunal Decisions | p. 198 |
Notes & Questions | p. 200 |
Sex Discrimination | p. 202 |
United States | p. 203 |
City of Los Angeles, Department of Water & Power v. Manhart | p. 203 |
Califano v. Webster | p. 206 |
Notes & Questions | p. 208 |
European Union | p. 208 |
Treaty of Rome (Establishing the European Community) | p. 209 |
Barber v. Guardian Royal Exchange Assurance Group | p. 209 |
Notes & Questions | p. 211 |
United Kingdom | p. 212 |
The Occupational Pension Schemes (Equal Treatment) Regulations 1995 | p. 213 |
Notes & Questions | p. 214 |
Japan | p. 215 |
Summary of the Law on Securing of Equal Opportunity and Treatment Between Men and Women in Employment | p. 216 |
Notes & Questions | p. 218 |
Disability Discrimination | p. 218 |
United States | p. 219 |
McGann v. H & H Music Co. | p. 219 |
Notes & Questions | p. 222 |
European Union | p. 224 |
Waddington, When it Is Reasonable for Europeans to Be Confused: Understanding When a Disability Accommodation Is "Reasonable" From a Comparative Perspective | p. 224 |
Notes & Questions | p. 229 |
United Kingdom | p. 230 |
The Disability Discrimination Act 1995 (Pensions) Regulations 2003 | p. 230 |
Waddington, When it Is Reasonable for Europeans to Be Confused | p. 232 |
Notes & Questions | p. 233 |
Sexual Orientation and Same-Sex Benefits | p. 234 |
United States | p. 234 |
National Pride at Work, Inc. v. Governor of Michigan | p. 234 |
Notes & Questions | p. 239 |
European Union | p. 240 |
Tadao Maruko v. Versorgungsanstalt Der Deutschen Buhnen | p. 240 |
Sexual Orientation and Same-Sex Benefits-Continued | |
Notes & Questions | p. 247 |
Note on Same-Sex Benefits in Canada and Australia | p. 248 |
Index | p. 251 |
Table of Contents provided by Ingram. All Rights Reserved. |
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