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Retroactive Change in Benefit Eligibility Barred by Vesting of Benefits
Health Plan Law
Dec. 10, 2007
Excerpt: Vested benefits and employee welfare plans often appear to be mutually exclusive concepts. The overlap of the two thus provides all the more interesting subject matter for those following developments in the ERISA field. In this case out of the Fourth Circuit Court of Appeals, the Court reversed a district court holding for the insurance carrier upon finding that the language in the policy vested benefits in the claimant that could not be taken away by amendment of policy language.
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