Retiree Health Benefits Claims After M&G Polymers USA v. Tackett
Navigating Differing Court Applications of Tackett, Minimizing Liability for Modification or Termination of Retiree Benefits
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course for employee benefits counsel will explore the U.S. Supreme Court’s ruling in M&G Polymers USA v. Tackett and federal district court rulings interpreting and applying Tackett over the past year. The panel will explore the sometimes divergent conclusions reached by courts addressing the thorny question of when retiree health benefits vest and offer strategies for negotiating and drafting collective bargaining agreements that reduce the risk of plan liability for modifications or terminations of retiree benefits.
- Overview of standards for modifying or terminating retiree benefits
- Discussion of the Supreme Court’s ruling in M&G Polymers USA v. Tackett
- Review of federal district court cases applying Tackett
- Practice tips on negotiating and drafting collective bargaining agreements after Tackett
The panel will review these and other key issues:
- What key legal hurdles remain for employers seeking to reduce or eliminate retiree medical benefits after Tackett?
- What are the steps for an employer to properly document its right to amend or terminate the plan?
- How do the circuit courts regard retiree medical benefits that arise from collective bargaining agreements?
Russell L. Hirschhorn
Mr. Hirschhorn is a Partner in the ERISA Practice Center and the Labor & Employment Law Department where he focuses... | Read More
Mr. Hirschhorn is a Partner in the ERISA Practice Center and the Labor & Employment Law Department where he focuses on complex ERISA litigation and advises and represents employers, fiduciaries, trustees, and plan service providers on ERISA benefit and fiduciary issues. For more than a dozen years, Mr. Hirschhorn has represented clients in all phases of litigation, arbitration and mediation. He is a prolific writer on cutting-edge ERISA litigation issues, and often speaks on topics related to his publications at conferences.Close
Brian D. Netter
Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme... | Read More
Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme Court & Appellate Group. His practice consists of briefing and arguing high profile and legally complex cases in trial and appellate courts. Mr. Netter’s experience covers a broad range of substantive areas and he frequently litigates cases involving administrative law, constitutional law and ERISA. He is a frequent commentator on the Supreme Court’s ERISA docket.Close
Nancy G. Ross
Ms. Ross leads the firm’s ERISA Litigation Group, focusing her practice primarily on the area of employee... | Read More
Ms. Ross leads the firm’s ERISA Litigation Group, focusing her practice primarily on the area of employee benefits class action litigation and counseling under ERISA. She has extensive experience in counseling and representing employers, boards of directors, plan fiduciaries and trustees in matters concerning pension and welfare benefit plans. Ms. Ross also frequently represents directors and officers who are named as defendants in ERISA litigation over 401(k) plans and other employee benefit plans.Close