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Text of Amicus Brief by ERIC Urging Supreme Court to Overrule Sixth Circuit Presumption of Vesting for Retiree Health Benefits (PDF)
The ERISA Industry Committee [ERIC] Link to more items from this source
[Opinion]
July 27, 2014
"[T]his Court should apply the longstanding rule that the benefits and burdens of a contract do not survive the agreement's expiration (and thus do not vest for life) absent a clear and unequivocal statement to the contrary.... [If] the parties wish to negotiate lifetime healthcare benefits for retirees and their families, they are free to do so. But such lifetime benefits should not be a 'gotcha' sprung by the judiciary on employers who never intended to assume such costly and unpredictable burden." [M&G Polymers USA, LLC v. Tackett, No. 13-1010 (on appeal from 6th Cir., cert. granted May 5, 2014)]

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