(DOWNLOAD) "Devlin v. Transportation Communications International Union" by Second Circuit U.S. Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Devlin v. Transportation Communications International Union
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 13, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
Argued: December 4, 1998 Appeal from dismissal by the United States District Court for the Southern District of New York (John F. Keenan, Judge) of plaintiffs-appellants' claims protesting defendants-appellees' increase in required payment for medical benefits to retirees. The judgment of the district court is vacated to the extent that it dismissed plaintiffs-appellants' state-law age discrimination claim as pre-empted by federal law, and otherwise affirmed. Introduction Plaintiffs-appellants, five retired union employees, challenged, on behalf of themselves and other retired officers, employees, and their beneficiaries, 1 the defendants-appellees' amendment of the welfare-benefit plan provided to retired employees and officers to require the retirees to pay $100 per month for their medical benefits. The United States District Court for the Southern District of New York (John F. Keenan, Judge) dismissed the plaintiffs' state law claims, holding that they were pre-empted under Section 514 of the Employee Retirement Income Security Act of 1974 (""ERISA""), 29 U.S.C. § 1144. The district court also granted summary judgment for the defendants on their ERISA claims, finding that the terms of the benefit plan explicitly provided for its amendment, and that the benefit plan was correctly amended in compliance with the stated amendment procedures. The court further found that ERISA does not prohibit as discriminatory the alterations in retiree benefits complained of here.
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