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A new article published by Richard L. Kaplan, Nicholas J. Powers and Jordan Zucker in the Yale Journal of Health Policy, Law, and Ethics addresses the issues arising in the reduction and termination of retiree health benefits. Professor Kaplan is the Peer and Sarah Pedersen Professor of Law, University of Illinois. Here [...]

... Re: Unisys Corporation Retiree Medical Benefits ERISA Litigation, Nos. 07-3369, 08-3025 and 08-3545 (3rd Cir. 2009), the plaintiffs were ... should retire, Unisys had (1) incorrectly told the plaintiffs that that their retiree medical benefits were vested and could not change, despite the reservation of rights ... existence of the reservation of rights clauses, but under Unisys policy, the SPD is delivered to a retiree only after he or she actually enrolls in the plans. Since the deliveries of the SPDs ...

... of the health care contribution, as estimated by the Company annually in advance, for the [health care] benefits . . . . Failure to pay the required medical contribution will result in cancellation of coverage." The court analyzed the above language based on its ... to use extrinsic evidence to determine the parties' intentions, indicates a lenient approach to determining whether the retiree health benefits have vested. Any ultimate determination that the above language shows a "clear and express" ...

... was possible for the firms to survive. With the introduction of new competition or adverse economic downturns, the burdens of retiree obligations were magnified by matters outside of the control of the companies, their management, or their ... $907 $1,750 $1,270 $2,132 Less: HCTC (80%) Retiree Portion $726 $181 $1,400 $350 $1,016 $254 $1, ... K. Hayes will cease providing life insurance coverage on the same date as the retiree medical benefits are modified, but no later than October 15, 2009. Eligible ...

In the present case, after concluding that Unisys breached its fiduciary duty to twelve of the plaintiffs, the Magistrate Judge recommended that Unisys be ordered to provide retiree medical benefits to the prevailing plaintiffs under a reconstituted medical plan and that the benefit plan be reformed to remove Unisys' right to reduce or terminate the [...]

... , if any, the former spouse might be entitled to. The USFSPA, in addition to authorizing direct payment of a portion of a military retirees pay to the former spouse, extended some base privileges to certain former spouses. The extent of the ... personnel offices to provide a copy of a marriage license and the divorce decree. 2. Effect of remarriage. Since medical benefits are permanently extinguished upon remarriage, it is imperative that non-member clients be advised of this rule. Practitioners ...

... former employer violated ERISA by amending their health insurance plan to eliminate certain medical benefits. The retirees claimed that their right to the benefits was "vested" because they believed it was promised they would never lose benefits. After ... of protection to plan sponsors from general claims that amendment is prohibited. At a time when many employers are looking at changing benefit plan structures to control costs, I would certainly recommend checking first to see if the plan has ...

... that the State Employees Health Insurance Plan has elected to exclude benefits available to Medicare eligible retirees and their Medicare eligible dependents for medical and related costs that are provided by Medicare from the State's Health ... necessary to provide for such payments [emphasis supplied]. A similar effort to shift the payment of premiums for Medicare from the State to retirees of the State was rejected by the Appellate Division [United University Professions v. State, 36 A.D.3d 297]. ...

... care. In response to the rising health care costs, the Pentagon zeroed in on military retiree health care benefits as the target to aid their budget needs. The FY 2008, Department ... ensuring that service members and their families have access to high quality medical care throughout the world. To support these efforts, the Budget provides $22.5 ... 9 billion "aligns military health care premiums and co-payments for retirees under 65 years of age with general health care plans." This realignment counts ...

... you have reduced physical and mental capacity. There's a disconnect between retirees' expectations and the reality," Peterson says. The SOA defined the phases this way: Phase 1 ... Phase 2: Because of health problems, physical activities become limited and additional medical costs may be incurred. Phase 3: A decline in mental and physical health ... income for life. Longevity insurance: This type of annuity doesn't start to pay benefits until a person reaches an advanced age, usually 85. Long-term care ...