Reading The Fine Print: The Effect of Disclaimers On Employee Welfare Plans

Tuesday, January 1st, 1991 at 12:00 am by Debra Y. Carlascio
Debra Y. Carlascio, Reading The Fine Print: The Effect of Disclaimers On Employee Welfare Plans, 1991 Colum. Bus. L. Rev. 387

It is evident that the provisions of ERISA, as they are presently interpreted by the courts, are inadequate to accomplish their objectives. A disclaimer has the effect of freeing employers from ERISA welfare benefit requirements. Employees cannot justifiably rely on welfare benefit plans because employers are given the power to unilaterally alter these plans. In order to better protect plan beneficiaries and participants, revision of the law is necessary. Reform and correction may be achieved either by a legislative amendment to ERISA or by a reversal of the present trend of judicial interpretation.

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