retroactive


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Related to retroactive: Retroactive law, retroactive effect

Retroactive

Having reference to things that happened in the past, prior to the occurrence of the act in question.

A retroactive or retrospective law is one that takes away or impairs vested rights acquired under existing laws, creates new obligations, imposes new duties, or attaches a new and different legal effect to transactions or considerations already past. Common-law principles do not favor the retroactive effect of laws in the majority of cases, and canons of legislative construction presume that legislation is not intended as retroactive unless its language expressly makes it retroactive.

Retroactive criminal laws that increase punishment for acts committed prior to their enactments are deemed Ex Post Facto Laws and are unenforceable because they violate Article I, Section 9, Clause 3, and Section 10, Clause 1, of the U.S. Constitution and comparable provisions of state constitutions.

retroactive

adj. referring to a court's decision or a statute enacted by a legislative body, which would result in an application to past transactions and legal actions. In criminal law, statutes which would increase penalties or make criminal activities which had been previously legal are prohibited by the Constitutional ban on ex post facto laws (Article I, Section 9). Most court decisions which change the elements necessary to prove a crime or the introduction of evidence such as confessions are usually made non-retroactive to prevent a flood of petitions of people convicted under prior rules. Nor can statutes or court decisions take away "vested" property rights or change contract rights. However, some decisions are so fundamental to justice they may have a retroactive effect, depending on the balance on stability of the law balanced against the public good. Retroactive is also called "retrospective." (See: ex post facto)

retroactive

adjective affecting the past, beginning before, commencing before, effective before, having prior application, having prior effect, operational before, starting before, taking effect before
Associated concepts: ex post facto, retroactive effect
See also: ex post facto
References in periodicals archive ?
In this case the claims occur and fall after the retroactive period and are also reported when the policy is in force.
Retroactive changes to the law should be made sparingly, particularly if such changes will have significant financial effects on taxpayers.
TAMPA BAY -- Placed RHPs Alex Cobb and Alex Colome, INF Nick Franklin and LHP Drew Smyly on the 15-day DL, retroactive to March 27 and LHP Jake McGee on the 15-day DL and LHP Matt Moore on the 60-day DL.
"Nullification would result in forced repayment of the retroactive charges and any waived portion of the permanent charges by all tenants who benefited from the agreement.
The national governments in the three countries have introduced various changes targeting existing support schemes for the renewable energy industry, including retroactive ones, which have been met with a lot of criticism.
As it applies to 2012, the extension of the R&D tax credit is a retroactive tax provision.
However, a brief example using the credit can shine light on financial reporting issues of retroactive tax law changes.
Retroactive payments and cost of living spending reached $350 million up to October 2012, from $130 million during the same period in 2011.
"As the resolution points out." Kristan said, "if the cancellation compels the agent to move his CGL claims-made business to a new earner, difficulties can arise if the new carrier chooses to advance the policy's retroactive dale or offer only CGL coverage on an occur fence basis."
Summary: Abu Dhabi National Oil Company (ADNOC) has lowered the June retroactive selling price of its benchmark Murban crude by $1.45 a barrel to $112.15, it said on Monday.
Dedham, MA, May 13, 2011 --(PR.com)-- SAPexperts announces a new article, "How to Reset Infotype 0003 and Address Complex Retroactive Payroll Accounting Requirements" available in the HR Expert knowledgebase.