By Elizabeth Hopkins (September 9, 2022, 4:30 p.m. EDT) — Death may be inevitable, but an ERISA-regulated life insurance benefit for retirees is not. Indeed, vesting outside of the pension plan context presents unique challenges under the Employees Retirement Income Security Act.
In its 2018 decision in M & G Polymers USA LLC v. Tacett, the United States Supreme Court considered whether benefits under a collectively-bargained retiree health care plan had vested and were therefore unalterable. Specifically, the court considered whether the United States Court of Appeals for the Sixth Circuit was correct in applying a presumption of vesting to these benefits under a collectively bargained plan.
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