Deck 21: The Employees Safety Nets:unemployment and Workers Compensation, Social Security, and Retirement Plans

Question 1

Younger people must earn some social security credits to qualify for disability benefits.

Answer 1

True

Question 2

The two main features of the Employee Retirement Income Security Act (ERISA)-the imposition of standards for fiduciary conduct and responsibility and the setting of minimum standards for pension plan requirements-have different bases for their coverage.

Answer 2

True

Question 3

Workers' compensation, as it has been instituted in virtually every state, is a statutory tradeoff.

Answer 3

True

Question 4

Any individual with a claim against the fund used for benefit plans can directly seek legal remedies from the courts without proceeding an internal arbitration.

Question 5

Unemployment compensation litigation starts with the active worker's application for benefits.

Question 6

Social Security is a state funded and administered program.

Question 7

The Federal Employment Liability Act (FELA) was passed in the year 1908.

Question 8

The high level of fault which serves to disqualify an out-of-work worker from unemployment compensation is called:

A) ​employment-at-will.
B) ​negligence.
C) ​willful misconduct.
D) ​third-party recoveries.

Question 9

In the case of a railroad worker accident brought to court in the 1900s, one of the defenses the railroad company used against the plaintiff was the "fellow-servant" doctrine.What does this refer to?​

A) ​The claims for such incidents are usually settled out-of-court, as between fellows.
B) ​The company is not a separate entity above the employee, but a colleague and a caretaker.
C) ​The injured employee had assumed responsibility of the risks involved.
D) ​The accident is attributed to the negligence of the co-worker.

Question 10

Benefits paid to employees out of work through no fault of their own and who are available for suitable work if and when it becomes available falls under the category of:

A) ​unemployment compensation.
B) ​workers' compensation.
C) ​welfare benefits.
D) ​pension plans.

Question 11

For a person to be "fully insured" by social security, he or she must accrue a minimum of thirty quarters of contributions.

Question 12

Which of the following is not true regarding minimum standards under the Employee Retirement Income Security Act?​

A) ​The minimum standards for pension plans must be met for the employee pension plans to qualify for preferential tax treatment.
B) ​Preferential tax treatment enables an employer to deduct contributions to qualified benefit plans immediately.
C) ​ERISA does not consider the deductions as income to participating employees until they receive the payments after retirement.
D) ​Compliance to ERISA minimum standards by qualifying their benefit plans is mandatory.

Question 13

The provisions of Employee Retirement Income Security Act (ERISA) apply to employee benefit plans established by federal government.

Question 14

Workers' compensation has been left primarily to the states to administer.

Question 15

The Federal Employment Liability Act is a federal law designed to protect and compensate the injured:

A) ​disabled workers.
B) ​railroad workers.
C) ​war veterans.
D) ​minors in employment.

Question 16

Under the social security system, a worker is considered disabled when a severe physical or mental impairment prevents that person from working for a year or more or is expected to result in the victim's death.

Question 17

The Employee Retirement Income Security Act imposes standards of conduct and responsibility on fiduciaries of benefit plans established or maintained by employers and unions engaged in or affecting interstate commerce.​

Question 18

Which of the following is not true of the Employee Retirement Income Security Act (ERISA)?​

A) ​It sets standards of conduct and responsibility upon pension fund fiduciaries.
B) ​It applies to plans maintained solely for the purpose of complying with state workers' compensation.
C) ​It requires pension plan administrators to disclose relevant financial information to employees and the government.
D) ​It provides legal remedies to employees and their beneficiaries in the event of violations.

Question 19

The Federal Employment Liability Act (FELA) was enacted in recognition of the incredible number of casualties in the mining industry.

Question 20

Persons not normally considered fiduciaries, such as consultants or advisers, may be found to​ be fiduciaries when their expertise is used in a managerial, administrative, or advisory capacity by the plan.

Question 21

Under the Social Security system, monthly benefits are payable to a retired insured worker from age _____ onward.

A) ​fifty-five
B) ​fifty-eight
C) ​sixty-two
D) ​sixty-five

Question 22

Although ERISA has sweeping preemptive impact on most state laws, it specifically exempts _____ from its preemptive powers.

A) ​state workers' compensation laws
B) ​retired pensioners' benefit laws
C) ​immigrant laborers' compensation laws
D) ​health care providers' compensation laws

Question 23

Which of the following is not a category under the Social Security system?​

A) ​Retirement insurance benefits
B) ​Medicare
C) ​Unemployment benefits
D) ​Disability

Question 24

The unemployment claim is usually evaluated in the first instance by an unemployment officer or agency in the area where the:

A) ​employee was terminated.
B) ​office is located.
C) ​employee was hired.
D) ​worker resides.

Question 25

An employee who quits his job under normal conditions is not eligible to apply for:

A) ​pension benefits.
B) ​retirement insurance benefits.
C) ​workers' compensation.
D) ​unemployment benefits.

Question 26

An employee's injury must be work-related in order to be eligible for:

A) ​medicare.
B) ​unemployment compensation.
C) ​workers' compensation.
D) ​insurance benefits.

Question 27

The Jones Act is applicable to:

A) ​sailors.
B) ​retirees.
C) ​medical professionals.
D) ​war veterans.

Question 28

For a person to be "fully insured" by social security, he or she must accrue a minimum of _____ quarters of contributions.

A) ​twenty
B) ​forty
C) ​fifty
D) ​thirty-five

Question 29

Under Part B of Medicare benefits, one-fourth of the premium is paid by the _____, whereas the other three-fourths are covered by the _____ general revenues.

A) ​employer; state government's
B) ​beneficiary; federal government's
C) ​state government; employer's
D) ​employer; pension commission's

Question 30

A worker who applies for social security benefits and is receiving them at age sixty-five is automatically covered under part A of:

A) ​Medicare benefits.
B) ​unemployment compensation.
C) ​workers' compensation.
D) ​disability benefits.

Question 31

Verona Meyer was employed by Sonrise at Burger King.On April 26, 1995 during the course of her employment, she lost her footing and struck her lower abdomen on the corner of a table.Later that evening, Verona went to the hospital and delivered a baby, Patricia.In April 1998, the Meyers, on behalf of themselves and their daughter filed a suit against Sonrise for negligence and unsafe working conditions.The Washington Supreme Court in this case, upholding Patricia's right to a remedy because she is a person exercising her retroactive right to recover for prenatal injuries:

A) ​did not recognize fetus as a person in the whole sense.
B) ​agreed that the fetus' injury occurred simultaneously with the mother's.
C) ​expressly agreed to allow the employer to bar pregnant employees from the workplace.
D) ​ruled her case as vexatious litigation against the employer.

Question 32

The Social Security system was originally formed as:

A) ​a benefit and health insurance plan.
B) ​retirement and survivor's insurance.
C) ​social welfare benefits for minorities.
D) ​a voluntary retirement and health insurance plan.

Question 33

In the 1990 case of Adams Fruit Co. Inc.v.Barrett, the Supreme Court held that workers could bring suit for violations of specific federal legislation despite the fact that:

A) ​the employer has filed for bankruptcy protection.
B) ​the employer was willing to provide reemployment to retrenched employees.
C) ​the injury inflicted was not proven to be work-related.
D) ​they had received benefits under the state workers' compensation law.

Question 34

Sophisticated employers recognize that unemployment compensation claims must be considered within the context of the company's:

A) ​compensation benefits strategy.
B) ​insurance plans.
C) ​total human resource strategy.
D) ​corporate policy.

Question 35

Which of the following is not true of unemployment claims litigations?​

A) ​Unemployment compensation litigation usually starts with a terminated worker's application for benefits.
B) ​The unemployment claim is usually evaluated in the first instance by an unemployment office or agency in the area where the worker resides.
C) ​Regardless of whether the decision is favorable or unfavorable, an appeal is not possible.
D) ​Unemployment benefits are paid for by a tax on the wages of the workers and an equal levy on the employer's total payroll.

Question 36

In Meyer v.Burger King Corporation, the Washington Supreme Court declined to limit the child's remedy to the provisions of the:

A) ​Fair Labor Standards Act.
B) ​Workers' Compensation Act.
C) ​National Labor Relations Act.
D) ​Equal Employment Opportunity Act.

Question 37

In Label Systems Corp.v.Aghamohammadi, the defendants were terminated from employment alleging willful and felonious misconduct.The plaintiff filed a three-count complaint against the defendants and the defendants counterclaimed against the plaintiff by filing a third-party complaint.The jury in this case found that the plaintiffs were liable for vexatious litigation.The trial court denied several post-trial motions filed by both parties, awarded Label Systems $19,460.7 in punitive damages, and rendered judgment in accordance with the jury's verdict.The Supreme Court concluded that the trial court did not abuse its discretion by denying the plaintiffs':

A) ​default judgment.
B) ​punitive damages.
C) ​motion to dismiss.
D) ​motion for remittitur.

Question 38

The original and the main purpose of the Social Security system is to provide partial replacement of earnings when:

A) ​an employee is discharged due to work-related injuries.
B) ​a worker decides it is time to retire.
C) ​a family loses an earning member to work-related accident.
D) ​a minority worker is unable to find "profitable" employment.

Question 39

Which of the following is not a contentious case of injury or illness covered under workers compensation?​

A) ​Injuries resulting from faulty design of the machinery used in the production floor.
B) ​An employee killed by a stranger when the employee is on a vacation.
C) ​Injuries occurring when the employee is "on the road," especially if the trip began from the employee's home.
D) ​Chronic illnesses such as lung disease, especially if contributing factors include workplace hazards (e.. dust) in combination with personal behavior (e.. smoking).

Question 40

The disqualifications of an out-of-work employee include:

A) ​unemployment.
B) ​current welfare benefits.
C) ​willful misconduct.
D) ​whistleblowing.

Question 41

Explain the concept of litigating unemployment claims.

Question 42

The fiduciary duties and conduct standards apply to any employee benefit plan established or maintained by an employer or in an industry or activity engaged in or affecting:

A) ​interstate commerce.
B) ​health care.
C) ​internal security.
D) ​international trade.

Question 43

Welfare plans usually provide participating employees and their beneficiaries with all of the following except:

A) ​unemployment benefits.
B) ​medical coverage.
C) ​pension benefits.
D) ​death benefits.

Question 44

What is the purpose of Federal Employment Liability Act (FELA)?​

Question 45

Which are the two enactments that predated the National Labor Relations Act and Workers' Compensation laws?​

Question 46

What can disqualify an out-of-work worker from receiving unemployment compensation?

Question 47

How much should a worker be credited when he becomes disabled between the ages of thirty-one and forty-two?​

A) ​Twenty-five quarters
B) ​Thirty-two quarters
C) ​Twenty quarters
D) ​Forty-five quarters

Question 48

Which one of the following is not true of the Employee Retirement Income Security Act (ERISA)?​

A) ​It sets the minimum standards and requirements that the pension plan must meet.
B) ​It seeks to ensure that all employees covered by pension plans receive the benefits due them under the plans.
C) ​It does not apply to employee benefit plans that are established by federal, state, or local government employers.
D) ​It requires an employer to provide a pension plan for its employees.

Question 49

What kind of benefit is provided for disabled people under Social Security?​

A) ​Subsidized housing
B) ​Legal assistance
C) ​Vocational rehabilitation
D) ​Anti-discriminatory privileges

Question 50

The Employee Retirement Income Security Act (ERISA) sets the standards for pension plans on all of the following aspects except:

A) ​fiduciary conduct.
B) ​asset management.
C) ​information disclosure.
D) ​plan taxation.

Question 51

When are workers' compensation benefits awarded?​

Question 52

What is the main purpose of Social Security?​

Question 53

Define willful misconduct.

Question 54

What are the three major benefits that fall under the Social Security system?​

Question 55

Define unemployment compensation.

Question 56

What constitutes disability under the Social Security system?​

Question 57

The minimum standards for pension plans must be met for the plan to qualify for:

A) ​liquidity benefits.
B) ​preferential tax treatment.
C) ​federal accreditation.
D) ​FELA status.

Question 58

In Baker v.Commissioner of Social Sec. the plaintiff was:

A) ​found disabled under the meaning of the Americans with Disabilities Act.
B) ​provided benefits after appeal.
C) ​denied benefits.
D) ​disabled under the meaning of the Social Security Act.

Question 59

In Ruby v.Sandia Corp. the plaintiff lost:

A) ​his disability benefits.
B) ​his pension.
C) ​his workers' compensation benefits.
D) ​All of these answers.

Question 60

What are the two types of benefit plans established under the Employee Retirement Income Security Act (ERISA)?​

Question 61

Explain the concept of a fiduciary.

Question 62

Explain the role of the Employee Retirement Income Security Act (ERISA).

Question 63

Discuss workers' compensation.

Question 64

Explain the three major categories of the Social Security system.