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U.S. Supreme Court Will Consider Inference in Favor of Vested Retiree Health Benefits
Bloomberg BNA Link to more items from this source
May 6, 2014
"The case asks the high court to consider what has become known as the 'Yard-Man inference,' a judicial presumption that union retiree benefits are intended to be vested in the absence of specific plan or bargaining agreement language to the contrary (United Auto Workers v. Yard-Man Inc., 716 F.2d 1476 (6th Cir. 1983)). While Yard-Man has been applied in the retiree-friendly ... Sixth Circuit, other circuits -- including the Second, Third and Seventh -- have required stronger plan language to support a finding of vested retiree health benefits." [M&G Polymers USA, LLC v. Tackett, No. 13-1010 (on appeal from 6th Cir., cert. granted May 5, 2014)]

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