Can an Employer’s Silence in an ERISA Plan Vest Welfare Benefits?
James L. Griffith, Jr., Partner in Reger Rizzo & Darnall’s Litigation Group, authored an article for the December 2014 edition of DRI’s monthly publication For The Defense, entitled Can an Employer’s Silence in an ERISA Plan Vest Welfare Benefits?
The article focuses on M&G Polymers v. Tackett, which the Supreme Court will decide this term. M&G Polymers has the potential to impact retiree benefits on a national scale. Mr. Griffith explores the history of the M&G Polymers class action, analyzes the key precedents under the LMRA and ERISA that address benefit vesting, and predicts the outcome and likely effects on claims for vested retiree benefits.
You can read the full article online here. (PDF)