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Pension Benefit Guaranty Corporation
The Pension Benefit Guaranty Corporation (PBGC) is a United States federally chartered corporation created by the Employee Retirement Income Security Act of 1974 (ERISA) to encourage the continuation and maintenance of voluntary private defined benefit pension plans, provide timely and uninterrupted payment of pension benefits, and keep pension insurance premiums at the lowest level necessary to carry out its operations. Subject to other statutory limitations, PBGC's single-employer insurance program pays pension benefits up to the maximum guaranteed benefit set by law to participants who retire at 65 ($6,750 a month, ). The benefits payable to insured retirees who start their benefits at ages other than 65 or elect survivor coverage are adjusted to be equivalent in value. The maximum monthly guarantee for the multiemployer program is far lower and more complicated ($12,870 a year for a participant with 30 years of credited service). In fiscal year 2022, PBGC added 32 more failed ...
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Vested
In law, vesting is the point in time when the rights and interests arising from legal ownership of a property are acquired by some Legal person, person. Vesting creates an immediately secured right of present or future deployment. One has a vested right to an asset that cannot be taken away by any third party, even though one may not yet possess the asset. When the right, interest, or title to the present or future possession of a Estate (law), legal estate can be transferred to any other party, it is termed a vested interest. The concept can arise in any number of contexts, but the most common are inheritance law and retirement plan law. In real estate, to vest is to create an Entitlement (fair division), entitlement to a privilege or a right. For example, one may cross someone else's property regularly and unrestrictedly for several years, and one's right to an easement becomes vested. The original owner still retains the possession, but can no longer prevent the other party fr ...
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Expectation Damages
Expectation damages are damages recoverable from a breach of contract by the non-breaching party. An award of expectation damages protects the injured party's interest in realising the value of the expectancy that was created by the promise of the other party. Thus, the impact of the breach on the promisee is to be effectively "undone" with the award of expectation damages. The purpose of expectation damages is to put the non-breaching party in the position it would have occupied had the contract been fulfilled. Expectation damages can be contrasted to reliance damages and restitution damages, which are remedies that address other types of interests of parties involved in enforceable promises. The default for expectation damages are monetary damages which are subject to limitations or exceptions (see below) Expectation damages are measured by the diminution in value, coupled with consequential and incidental damages. History In Robinson v Harman, B Parke of the Excheq ...
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Executory Contracts
An executory contract is a contract that has not yet been fully performed or fully executed.''Mission Product Holdings, Inc.'' v. ''Tempnology, LLC'', 139 S. Ct. 1652 (2019). It is a contract in which both sides still have important performance remaining. However, an obligation to pay money, even if such obligation is material, does not usually make a contract executory. An obligation is material if a breach of contract would result from the failure to satisfy the obligation. A contract that has been fully performed by one party but not by the other party is not an executory contract. Installment contracts Many installment contracts are commonly executory such as installment credit loans, period loan payments, mortgages, paychecks, and contracts for the delivery of goods or the performance of services over a period of time in discrete elements. Missed deliveries under an installment have on occasion given rise to the legal question of whether they are indicative of a breach of cont ...
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Collective Bargaining Agreements
Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and labour rights, rights for workers. The interests of the employees are commonly presented by representatives of a trade union to which the employees belong. A collective agreement reached by these negotiations functions as a Labor and employment law, labour contract between an employer and one or more unions, and typically establishes terms regarding wage scales, working hours, training, health and safety, overtime, Grievance (labour), grievance mechanisms, and rights to participate in workplace or company affairs. Such agreements can also include 'productivity bargaining' in which workers agree to changes to working practices in return for higher pay or greater job security. The union may negotiate with a single employer (who is typically representing a company's s ...
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United States Senate
The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the United States Constitution, Article One of the Constitution of the United States, U.S. Constitution to pass or defeat federal legislation. The Senate also has exclusive power to confirm President of the United States, U.S. presidential appointments, to approve or reject treaties, and to convict or exonerate Impeachment in the United States, impeachment cases brought by the House. The Senate and the House provide a Separation of powers under the United States Constitution, check and balance on the powers of the Federal government of the United States#Executive branch, executive and Federal judiciary of the United States, judicial branches of government. The composition and powers of the Se ...
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President Of The United States
The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of the United States, federal government and is the Powers of the president of the United States#Commander-in-chief, commander-in-chief of the United States Armed Forces. The power of the presidency has grown since the first president, George Washington, took office in 1789. While presidential power has ebbed and flowed over time, the presidency has played an increasing role in American political life since the beginning of the 20th century, carrying over into the 21st century with some expansions during the presidencies of Presidency of Franklin D. Roosevelt, Franklin D. Roosevelt and Presidency of George W. Bush, George W. Bush. In modern times, the president is one of the world's most powerful political figures and the leader of the world's ...
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Pension Protection Act Of 2006
The Pension Protection Act of 2006 (), 120 Stat. 780, was signed into law by U.S. President George W. Bush on August 17, 2006. Pension reform This legislation requires companies who have underfunded their pension plans to pay higher premiums to the Pension Benefit Guaranty Corporation (PBGC) and extends the requirement of providing extra funding to the pension systems of companies that terminate their pension plans. It also requires companies to analyze their pension plans' obligations more accurately, closes loopholes that previously allowed some companies to underfund their plans by skipping payments, and raises the cap on the amount employers are allowed to invest in their own plans. This will allow employers to deduct more money using the pension tax shield in times of high profits. It requires actuaries to use the equivalent of the projected accrued benefit cost method for determining annual normal cost. Other elements: * Provides statutory authority for employers to ...
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Chairman Of The Board
The chair, also chairman, chairwoman, or chairperson, is the presiding officer of an organized group such as a Board of directors, board, committee, or deliberative assembly. The person holding the office, who is typically elected or appointed by members of the group or organisation, presides over meetings of the group, and is required to conduct the group's business in an orderly fashion. In some organizations, the chair is also known as ''President (corporate title), president'' (or other title). In others, where a board appoints a president (or other title), the two terms are used for distinct positions. The term chairman may be used in a neutral manner, not directly implying the gender of the holder. In meetings or conferences, to "chair" something (chairing) means to lead the event. Terminology Terms for the office and its holder include ''chair'', ''chairman'', ''chairwoman'', ''chairperson'', ''convenor'', ''facilitator'', ''moderator (town official), moderator'', ''pr ...
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United States Secretary Of The Treasury
The United States secretary of the treasury is the head of the United States Department of the Treasury, and is the chief financial officer of the federal government of the United States. The secretary of the treasury serves as the principal advisor to the president of the United States on all matters pertaining to economic and fiscal policy. The secretary is, by custom, a member of the Cabinet of the United States, president's cabinet and, by law, a member of the United States National Security Council, National Security Council, and fifth in the U.S. presidential line of succession. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, and, following a confirmation hearing before the United States Senate Committee on Finance, Senate Committee on Finance, will take the office if confirmed by the majority of the full United States Senate. The United States Secretary of State, secretary of state, th ...
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United States Secretary Of Commerce
The United States secretary of commerce (SecCom) is the head of the United States Department of Commerce. The secretary serves as the principal advisor to the president of the United States on all matters relating to commerce. The secretary reports directly to the president and is a statutory member of the Cabinet of the United States. The secretary is appointed by the president, with the advice and consent of the United States Senate. The secretary of commerce is responsible for promoting American businesses and industries. The department states its mission as 'to foster, promote, and develop the foreign and domestic commerce of the United States'. Until 1913, there was one secretary of commerce and labor, uniting this department with the United States Department of Labor, which is now headed by a separate United States secretary of labor. The secretary of commerce is a Level I position in the Executive Schedule with an annual salary of US$221,400, as of January 2021. The ...
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