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Authors

Rosemary B. Orr

Keywords

ERISA, pension, trust, beneficiary, fiduciary duty, indemnification

Abstract

The Employee Retirement Income Security Act (ERISA) resulted in large changes in the laws of private pensions. However, with the use of exculpatory and indemnification provisions, ERISA has been limited in its ability to enhance the strength of fiduciary requirements for pension trustees. This comment examines the statutory language of ERISA and looks to understand judicial interpretation to look to the future of ERISA.

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