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Text of Amicus Brief by U.S. Chamber of Commerce Urging Supreme Court to Overrule Sixth Circuit Presumption of Vesting for Retiree Health Benefits (PDF)
U.S. Chamber of Commerce and Business Roundtable Link to more items from this source
July 29, 2014
"The Sixth Circuit's interpretive approach misreads silence as reflecting an affirmative agreement by the parties. Silence is not how sophisticated parties memorialize an agreement to provide costly, immutable healthcare benefits.... [T]his Court should reaffirm that the clear-statement rule ... governs the interpretation of retiree welfare benefit provisions. That rule aligns with the reality that employers agreeing to vested healthcare benefits for retirees would only do so expressly. It also provides a clear rule that will produce consistent and predictable results." [M&G Polymers USA, LLC v. Tackett, No. 13-1010 (on appeal from 6th Cir., cert. granted May 5, 2014)]

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