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- Title
INTERFERENCE WITH THE ATTAINMENT OF PLAN BENEFITS.
- Abstract
The article focuses on the case of Heath v. Varity Corp., and discusses vested or nonvested plan benefits. Shortly before becoming eligible for early retirement, Allan T. Heath was fired by his employer, Varity Corporation. Although his pension remained intact. Heath's discharge rendered him ineligible for additional benefits, including the early retirement package. The United States District Court for the Eastern District of Wisconsin dismissed the participant's claim that the employer violated Employee Retirement Income Security Act (ERISA) by terminating him shortly before he became eligible for the early retirement benefits because the employer could have abolished, the entire early retirement plan and that power includes the lesser power to deny those benefits to particular persons. If the employer wanted to amend the plan to exclude Heath, it would have had to do so using the amendment procedure outlined in the plan. In this case. Heath was actually a member of the class of employees who were grandfathered in the program that permitted retirement after 30 years of service regardless of age.
- Subjects
ACTIONS &; defenses (Law); EARLY retirement incentives; RETIREMENT income; LABOR incentives; HEATH, Allan T.; VARITY Corp.
- Publication
Benefits Quarterly, 1997, Vol 13, Issue 3, p107
- ISSN
8756-1263
- Publication type
Article