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Third Circuit Applies Plan Language on Administrator's Discretion Even Though Added After Accident Occurred (PDF)
U.S. Court of Appeals for the Third Circuit, via FindLawLink to more items from this source
[Opinion]
Aug. 5, 2002

13 pages; Smathers v. Multi-Tool, Inc., No. 01-1045 (3d Cir. Jul. 31, 2002). Excerpt: Here, there was no right that vested, nor is there any issue of retroactivity since the administrator"s discretionary authority was in place when that discretion was exercised. We also note that this reasoning is consistent with our view that the concept of 'vesting" under benefit plans is to be narrowly applied, and that there is a presumption against vesting with respect to most aspects of such plans.

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