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Credit Counseling Requirements Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 and the Pension Protection Act of 2006

Description: This report discusses Section 106 of P.I. 109-8, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, that creates credit counseling requirements for consumers seeking to file for bankruptcy.
Date: November 6, 2006
Creator: Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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Obesity Discrimination and the Americans with Disabilities Act

Description: This report outlines the Americans with Disabilities Act (ADA), which provides broad nondiscrimination protection for individuals with disabilities. However, to be covered under the statute, an individual must first meet the definition of an individual with a disability. Questions have been raised as to whether and to what extent obesity is a disability under the ADA and whether the ADA protects obese individuals from discrimination. This report provides background regarding how obesity is cove… more
Date: February 22, 2007
Creator: Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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Obesity Discrimination and the Americans with Disabilities Act

Description: This report outlines the Americans with Disabilities Act (ADA), which provide broad nondiscrimination protection for individuals with disabilities. It provides background regarding how obesity is covered under the ADA and its supporting regulations. The report also discusses some of the ways in which courts have applied the ADA to obesity discrimination claims.
Date: July 16, 2007
Creator: Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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The Worker, Retiree, and Employer Recovery Act of 2008: An Overview

Description: This report highlights the provisions of the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA) (P.L. 110-455) relating to the economic crisis. This report also discusses certain technical corrections to the Pension Protection Act made by WRERA, and certain other notable provisions of the Act affecting retirement plans and benefits.
Date: January 29, 2009
Creator: Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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The False Claims Act, the Allison Engine Decision, and Possible Effects on Health Care Fraud Enforcement

Description: The False Claims Act (FCA), an important tool for combating fraud against the U.S. government, generally provides that a person who knowingly submits, or causes to be submitted, a false or fraudulent claim for payment to the U.S. government may be subject to civil penalties and damages. This report provides an overview of the FCA and the Allison Engine decision, analyzes how this decision could affect certain FCA health care claims, and discusses the proposed False Claims Correction Acts (S. 20… more
Date: November 6, 2008
Creator: Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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The Opioid Epidemic and the Food and Drug Administration: Legal Authorities and Recent Agency Action

Description: This report focuses on the U.S. Food and Drug Administration (FDA) as a key player in federal efforts to curb the opioid epidemic. It provides an overview of FDA's role in approving new prescription drugs, including challenges of approval and regulation of opioid products; addresses FDA's multifaceted approach in responding, including recent agency action; and concludes with a discussion of selected opioid-related legislation in the 115th Congress.
Date: June 5, 2018
Creator: Staman, Jennifer A.
Partner: UNT Libraries Government Documents Department
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Summary of the Employee Retirement Income Security Act (ERISA)

Description: The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by employers. ERISA contains various provisions intended to protect the rights of plan participants and beneficiaries in employee benefit plans. These protections include requirements relating to reporting and disclosure, participation, vesting, and benefit accrual, as well as plan funding. ERISA also regulates the responsib… more
Date: April 10, 2008
Creator: Purcell, Patrick & Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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Cash Balance Pension Plans and Claims of Age Discrimination

Description: This report describes cash balance plans, discusses the arguments that cash balance plans do and do not violate the age discrimination prohibitions, provides an overview of the court cases, and addresses the activity by the Treasury Department and Congress.
Date: October 6, 2005
Creator: Staman, Jennifer & Lunder, Erika
Partner: UNT Libraries Government Documents Department
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Cash Balance Pension Plans and Claims of Age Discrimination

Description: This report describes cash balance plans, discusses the arguments that cash balance plans do and do not violate the age discrimination prohibitions, provides an overview of the court cases, and addresses the activity by the Treasury Department and Congress.
Date: July 1, 2005
Creator: Staman, Jennifer & Lunder, Erika
Partner: UNT Libraries Government Documents Department
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Requiring Individuals to Obtain Health Insurance: A Constitutional Analysis

Description: This report first analyzes the authority of Congress to pass a proposal of this nature, as well as how a court could analyze this type of proposal if there were to be a constitutional challenge based on various provisions of the Fifth Amendment. Finally, this report discusses whether there must be exceptions to a requirement to purchase health insurance based on First Amendment freedom of religion.
Date: July 24, 2009
Creator: Staman, Jennifer & Brougher, Cynthia
Partner: UNT Libraries Government Documents Department
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Cash Balance Pension Plans and Claims of Age Discrimination

Description: This report describes cash balance plans, discusses the claims that cash balance plans do and do not violate the pre-Act age discrimination provisions, and provides an overview of the pension protection act, as it applies to this issue.
Date: March 9, 2009
Creator: Staman, Jennifer & Lunder, Erika
Partner: UNT Libraries Government Documents Department
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Cash Balance Pension Plans and Claims of Age Discrimination

Description: This report describes cash balance plans, discusses the arguments that cash balance plans do and do not violate the age discrimination prohibitions, provides an overview of the court cases, and addresses the activity by the Treasury Department and Congress.
Date: December 5, 2005
Creator: Staman, Jennifer & Lunder, Erika
Partner: UNT Libraries Government Documents Department
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Summary of the Employee Retirement Income Security Act (ERISA)

Description: Due to the recent economic decline and the desire to enact large-scale health reform, the current federal regulation of pension plans, health plans, and other employee benefit plans has received considerable congressional attention. The Employee Retirement Income Security Act of 1974 (ERISA) provides a comprehensive federal scheme for the regulation of employee pension and welfare benefit plans offered by private-sector employers. ERISA contains various provisions intended to protect the rights… more
Date: May 19, 2009
Creator: Purcell, Patrick & Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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Cash Balance Pension Plans: Selected Legal Issues

Description: Over the past few years, cash balance pension plans have received significant attention. In particular, three issues have been controversial: the negative effect of a plan conversion on older employees due to wear-away, the whipsaw effect that may occur when computing a lump-sum payment of benefits prior to normal retirement age, and the claim that these plans violate federal laws prohibiting age discrimination. This report discusses the wear-away and whipsaw issues, a proposal by the Treasury … more
Date: July 29, 2005
Creator: Lunder, Erika & Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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NFIB v. Sebelius: Constitutionality of the Individual Mandate

Description: Report that provides an overview of the Court's holding with respect to the individual mandate of the Patient Protection and Affordable Care Act (ACA) under the Commerce Clause and the Taxing Power. It also addresses possible implications of the decision on existing federal law and future legislation.
Date: September 3, 2012
Creator: Lunder, Erika K. & Staman, Jennifer
Partner: UNT Libraries Government Documents Department
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