Retiree Health

Updates

ERIC Files Amicus Brief with the U.S. Supreme Court in Critical Retiree Health Case

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Supreme Court in CNH Industrial v. Reese asking the court to reverse the U.S. Court of Appeals for the Sixth Circuit’s decision that required life-time vesting of retiree health benefits under a collective bargaining agreement that did not stipulate the duration of the benefit… More

protected content CNH Industries v Reese [Retiree Health]

By now you are likely aware of the series of cases dealing with rights to lifetime retiree health benefits, from Tackett and the like. This case stands out because thus far, it has been decided against the interests of employers – and essentially it turns Tackett on its head… More

protected content Federal District Court Finds Certain Retiree Health Benefits Vested for Life

Last week, a Federal District Court in Michigan ruled that certain retirees who once had worked for the Kelsey-Hayes Company were entitled to lifetime retiree health benefits… More

protected content ERIC Amicus Brief Filed in Second Sixth Circuit Post-Tackett Case

ERIC on March 23 filed an amicus brief in the Sixth Circuit in support of Moen Inc. ERIC encouraged the Sixth Circuit to apply ordinary principles of contract interpretation as identified and applied by the U.S. Supreme Court in the Tackett case to decide the Moen case and other cases involving the vesting of retiree health benefits. … More

protected content SCOTUS Declines to Take on Windstream Case, Permitting Reduction of Retiree Health Benefits

The U.S. Supreme Court on February 23 declined to rehear a decision from the 8th Circuit Court that basically left standing an action by Windstream Corporation to significantly reduce retiree health benefits … More

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Amicus Briefs

ERIC Files Amicus Brief with the U.S. Supreme Court in Critical Retiree Health Case

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Supreme Court in CNH Industrial v. Reese asking the court to reverse the U.S. Court of Appeals for the Sixth Circuit’s decision that required life-time vesting of retiree health benefits under a collective bargaining agreement that did not stipulate the duration of the benefit… More

protected content CNH Industries v Reese [Retiree Health]

By now you are likely aware of the series of cases dealing with rights to lifetime retiree health benefits, from Tackett and the like. This case stands out because thus far, it has been decided against the interests of employers – and essentially it turns Tackett on its head… More

protected content ERIC Amicus Brief Filed in Second Sixth Circuit Post-Tackett Case

ERIC on March 23 filed an amicus brief in the Sixth Circuit in support of Moen Inc. ERIC encouraged the Sixth Circuit to apply ordinary principles of contract interpretation as identified and applied by the U.S. Supreme Court in the Tackett case to decide the Moen case and other cases involving the vesting of retiree health benefits. … More

ERIC Urges Sixth Circuit to Apply “Ordinary Principles of Contract Interpretation” Concerning Vesting of Retiree Health Benefits

The ERISA Industry Committee filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit urging the court to apply “ordinary principles of contract interpretation” involving vesting of retiree health benefits following the U.S. Supreme Court’s ruling in M&G Polymers USA, LLC v. Tackett. … More

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Supreme Court Strikes Down Yard-Man and the 6th Circuit Court’s Stranglehold on Retiree Health Benefits

Today the Supreme Court of the United States in essence overturned the infamous UAW v. Yard-Man, Inc., decision of 1983 (and subsequent offspring), where the U.S. Court of Appeals for the Sixth Circuit found that certain retirees had a vested right to their health benefits in the absence of extrinsic evidence to the contrary in a collective bargaining agreement. … More

ERIC Urges U.S. Supreme Court to Reverse Sixth Circuit Ruling on Retiree Health Vesting

The ERISA Industry Committee (ERIC) in an amicus brief filed July 24 urged the U.S. Supreme Court to reverse a decision by the U.S. Court of Appeals for the Sixth Circuit holding that a company’s bargained for retiree health benefit was vested based on the Sixth Circuit’s “presumption of vesting” despite the lack of any language in an agreement providing for such. The case is M&G Polymers v. Tackett.… More

ERIC Files Amicus Brief in U.S. Supreme Court on Retiree Health Vesting Case

Please find below a link to an amicus brief filed today with the U.S. Supreme Court by ERIC and ABC in the M & G Polymers v. Tackett case. The brief was prepared jointly by Kirkland & Ellis LLP and Proskauer Rose LLP. … More

More Amicus Briefs

Court Rulings

protected content SCOTUS Declines to Take on Windstream Case, Permitting Reduction of Retiree Health Benefits

The U.S. Supreme Court on February 23 declined to rehear a decision from the 8th Circuit Court that basically left standing an action by Windstream Corporation to significantly reduce retiree health benefits … More

ERIC Urges Sixth Circuit to Apply “Ordinary Principles of Contract Interpretation” Concerning Vesting of Retiree Health Benefits

The ERISA Industry Committee filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit urging the court to apply “ordinary principles of contract interpretation” involving vesting of retiree health benefits following the U.S. Supreme Court’s ruling in M&G Polymers USA, LLC v. Tackett. … More

protected content

Supreme Court Strikes Down Yard-Man and the 6th Circuit Court’s Stranglehold on Retiree Health Benefits

Today the Supreme Court of the United States in essence overturned the infamous UAW v. Yard-Man, Inc., decision of 1983 (and subsequent offspring), where the U.S. Court of Appeals for the Sixth Circuit found that certain retirees had a vested right to their health benefits in the absence of extrinsic evidence to the contrary in a collective bargaining agreement. … More

protected content U.S. Supreme Court Hears Oral Arguments in Retiree Health Case

The U.S. Supreme Court recently heard oral arguments in the case of M&G Polymers USA, LLC v. Tackett, which involves when retiree health benefits are considered to be vested. … More

ERIC Files Amicus Brief in U.S. Supreme Court on Retiree Health Vesting Case

Please find below a link to an amicus brief filed today with the U.S. Supreme Court by ERIC and ABC in the M & G Polymers v. Tackett case. The brief was prepared jointly by Kirkland & Ellis LLP and Proskauer Rose LLP. … More

ERIC and Epstein Becker Green Release Summer 2014 Edition of Benefits Litigation Update

Attached please find the latest edition of the Benefits Litigation Update, a joint project of ERIC and the law firm of Epstein Becker Green. In this Benefits Litigation Update, we are focusing on … More

protected content U.S. Supreme Court to Hear Retiree Health Case

The U.S. Supreme Court has announced that it will hear the case of M&G Polymers USA, LLC v. Tackett, which involves when retiree health benefits are considered to be vested. … More

More Court Rulings

Judicial Documents

protected content SCOTUS Declines to Take on Windstream Case, Permitting Reduction of Retiree Health Benefits

The U.S. Supreme Court on February 23 declined to rehear a decision from the 8th Circuit Court that basically left standing an action by Windstream Corporation to significantly reduce retiree health benefits … More

protected content U.S. Supreme Court Hears Oral Arguments in Retiree Health Case

The U.S. Supreme Court recently heard oral arguments in the case of M&G Polymers USA, LLC v. Tackett, which involves when retiree health benefits are considered to be vested. … More

ERIC Urges U.S. Supreme Court to Reverse Sixth Circuit Ruling on Retiree Health Vesting

The ERISA Industry Committee (ERIC) in an amicus brief filed July 24 urged the U.S. Supreme Court to reverse a decision by the U.S. Court of Appeals for the Sixth Circuit holding that a company’s bargained for retiree health benefit was vested based on the Sixth Circuit’s “presumption of vesting” despite the lack of any language in an agreement providing for such. The case is M&G Polymers v. Tackett.… More

ERIC Files Amicus Brief in U.S. Supreme Court on Retiree Health Vesting Case

Please find below a link to an amicus brief filed today with the U.S. Supreme Court by ERIC and ABC in the M & G Polymers v. Tackett case. The brief was prepared jointly by Kirkland & Ellis LLP and Proskauer Rose LLP. … More

ERIC and Epstein Becker Green Release Summer 2014 Edition of Benefits Litigation Update

Attached please find the latest edition of the Benefits Litigation Update, a joint project of ERIC and the law firm of Epstein Becker Green. In this Benefits Litigation Update, we are focusing on … More

protected content U.S. Supreme Court to Hear Retiree Health Case

The U.S. Supreme Court has announced that it will hear the case of M&G Polymers USA, LLC v. Tackett, which involves when retiree health benefits are considered to be vested. … More

More Judicial Documents

Legislative Documents

Key Health Care Reform Legislative Documents (H.R. 3590 and H.R. 4872)

The House and Senate on March 25, 2010, approved the Health Care and Education Reconciliation Act (H.R. 4872), the "sidecar" reconciliation… More

More Legislative Documents

Letters to Agencies

ERIC Urges CMS to Eliminate Proposed cut to Medicare Advantage Retiree Coverage

ERIC joined the Coalition to Save Medicare Advantage Retiree Coverage to urge the CMS to eliminate the proposed cut to MA Retiree Coverage in the CMS 2017 Final Notice set to be released on April 4th. This Coalition sent a letter opposing the cuts to CMS Acting Administrator Andy Slavitt on March 22 … More

ERIC Expresses Concern over Proposed Changes to Medicare Advantage Capitation Rates

ERIC, along with several other business trade organizations, on March 6 wrote to Centers for Medicare & Medicaid Services Administrator Marilyn Tavenner expressing concern with the Advance Notice of Methodological Changes for Calendar Year 2015 for Medicare Advantage (MA) Capitation Rates … More

More Letters to Agencies

Press Releases

ERIC Files Amicus Brief with the U.S. Supreme Court in Critical Retiree Health Case

The ERISA Industry Committee (ERIC) has filed an amicus brief with the U.S. Supreme Court in CNH Industrial v. Reese asking the court to reverse the U.S. Court of Appeals for the Sixth Circuit’s decision that required life-time vesting of retiree health benefits under a collective bargaining agreement that did not stipulate the duration of the benefit… More

ERIC Urges Sixth Circuit to Apply “Ordinary Principles of Contract Interpretation” Concerning Vesting of Retiree Health Benefits

The ERISA Industry Committee filed an amicus brief with the U.S. Court of Appeals for the Sixth Circuit urging the court to apply “ordinary principles of contract interpretation” involving vesting of retiree health benefits following the U.S. Supreme Court’s ruling in M&G Polymers USA, LLC v. Tackett. … More

ERIC Urges U.S. Supreme Court to Reverse Sixth Circuit Ruling on Retiree Health Vesting

The ERISA Industry Committee (ERIC) in an amicus brief filed July 24 urged the U.S. Supreme Court to reverse a decision by the U.S. Court of Appeals for the Sixth Circuit holding that a company’s bargained for retiree health benefit was vested based on the Sixth Circuit’s “presumption of vesting” despite the lack of any language in an agreement providing for such. The case is M&G Polymers v. Tackett.… More

More Press Releases