ERISA’s Legislative History

Peter J. Wiedenbeck; Brendan S. Maher

doi:10.1017/9781316711507.020

Appendix - ERISA’s Legislative History

Published online by Cambridge University Press: 15 February 2024

Peter J. Wiedenbeck and

Brendan S. Maher

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

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Type: Chapter
Information: ERISA Principles , pp. 463 - 464

DOI: https://doi.org/10.1017/9781316711507.020 [Opens in a new window]

Publisher: Cambridge University Press

Print publication year: 2024

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References

Background

Wooten, James A., “The Most Glorious Story of Failure in the Business”: The Studebaker-Packard Corporation and the Origins of ERISA, 49 Buff. L. Rev. 683 (2001).Google Scholar

Gordon, Michael S., Overview: Why Was ERISA Enacted?, in S. Spec. Comm. on Aging, 98th Cong., The Employee Retirement Income Security Act of 1974: The First Decade 1 (Comm. Print 1984).Google Scholar

Bernstein, Merton C., The Future of Private Pensions (Free Press of Glencoe 1964).Google Scholar

ERISA Precursors (in chronological order)

U.S. Department of Labor, Legislative History of the Welfare and Pension Plans Disclosure Act of 1958, as Amended by Pub. L. 87-420 of 1962 (Washington, D.C., GPO; 1962). Compilation includes the legislative history of the 1962 amendments.Google Scholar

President’s Comm. on Corporate Pension Funds and Other Private Retirement and Welfare Programs, Public Policy and Private Pension Programs, A Report to the President on Private Employee Retirement Plans (Washington, D.C., GPO; 1965).Google Scholar

S. Comm. on Government Operations, Diversion of Union Welfare-Pension Funds of Allied Trades Council and Teamsters Local 815, S. Rep. No. 89-1348 (1966).Google Scholar

Private Pension Plans: Hearings before the Subcomm. on Fiscal Policy of the J. Econ. Comm., 89th Cong. (1966) (background study of pension plans).Google Scholar

S. 1024, 90th Cong. (1967). This is the Johnson Administration fiduciary responsibility bill, the principal provisions of which are described at 113 Cong. Rec. 3924–25 (1967) (statement of Sen. Yarborough).Google Scholar

S. 1103, 90th Cong. (1967). This is the original comprehensive pension regulatory proposal of Senator Jacob Javits (R–N.Y.). The proposal is printed, together with Senator Javits’s introductory statement and explanatory notes, at 113 Cong. Rec. 4650–61 (1967). According to those notes, the proposal was in large measure derived from the Ontario Pension Benefits Act, 1965, S.O. 1965, ch. 96, 4 R.S.O. 1970, ch. 342, See the remarks of Senator Javits at pp. 4–27 of the 1966 Joint Economic Committee hearings.Google Scholar

H.R. 16462, 91st Cong. (1970). This is the Nixon Administration fiduciary responsibility bill, which is printed, together with an introductory statement and section-by-section analysis, at 116 Cong. Rec. 7566–78 (1970).Google Scholar

S. 2, 92d Cong. (1971). This is a revised version of Senator Javits’s comprehensive regulatory proposal, which is printed, together with introductory and explanatory statements, at 117 Cong. Rec. 274–84 (1971), and in Private Welfare and Pension Plan Study, 1971: Hearings Before the Subcomm. on Labor of the S. Comm. on Labor and Public Welfare, 92d Cong. 11–92 (1971).Google Scholar

S. 3598, 92d Cong. (1972). This is a comprehensive reform bill jointly sponsored by Senators Williams and Javits, chair and ranking minority member, respectively, of the Senate Committee on Labor and Public Welfare, which is printed, together with introductory statements, at 118 Cong. Rec. 16904-22 (1972).Google Scholar

S. Rep. No. 92-1150 (1972) (Comm. on Labor and Public Welfare report on S. 3598).Google Scholar

S. Rep. No. 92-1224 (1972) (Finance Comm. report on S. 3598, stripping the bill of its coverage, vesting, funding, termination insurance, and portability provisions, leaving only fiduciary standards and additional disclosure requirements).Google Scholar

ERISA in the 93d Congress

Part 1, vol. 14:31 (2006);

Part 2, vol. 14:5 (2007);

Part 3, vol. 15:15 (2008);

Part 4, vol. 22:3 (2014).

Wooten, James A., The Employee Retirement Income Security act of 1974: A Political History (University of California Press 2004).Google Scholar

Subcomm. on Labor of the S. Comm. on Labor and Public Welfare, 94th Cong., Legislative History of the Employee Retirement Income Security Act of 1974 (Washington, DC, GPO; Comm. Print 1976) (3 volumes) (ERISA Legislative History).Google Scholar

Nixon, Richard M., Recommendations for Pension Reform, H.R. Doc. No. 93-82, (Apr. 11, 1973) (presidential message outlining the components of bills subsequently introduced as S. 1557 and S. 1631, 93d Cong. (1973)). Although the bills introduced in the 93d Congress, together with introductory and explanatory statements, are reprinted in the compiled ERISA Legislative History (preceding source), the presidential message does not appear therein.Google Scholar

Wooten, James A., A Legislative and Political History of ERISA Preemption, published in the Journal of Pension Benefits in four parts, as follows:Google Scholar

Symposium, : ERISA at 40: What Were They Thinking?, Drexel L. Rev. vol.6, no. 4 (2014).Google Scholar