Supreme Court reverses Curtiss-Wright

Article Abstract:

The Supreme Court has reversed the Third Circuit Court of Appeals' ruling on Curtiss-Wright Corp.'s amendment of its health care plan. The amendment, which eliminated postretirement coverage for retirees, was ruled as null and void by the appeals court since the plan documents did not contain a valid procedure for amending the plan and for determining individuals authorized to amend the plan. The Supreme Court countered that the standard reservation clause included in the plan constitution was specific enough to be an amendment procedure under Sec. 402(b)(3) of ERISA.

Manufacturing industry, Manufacturing industries, Cases, Employee benefits, Curtiss-Wright Corp., CW

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Brochure constituted an ERISA plan

Article Abstract:

Roland Parson Contracting Corp. has been constituted by the Court of Appeals for the District of Columbia Circuit to establish a pension plan under the ERISA in spite of not making any required contributions. This decision was held by the Court of Appeals due to the brochure being circulated by the contractor. The appeals court upheld the decision in line with Congress' purpose of protecting employees from abuses in employee plans.

Construction, Construction industry, Laws, regulations and rules, Washington, D.C., Roland Parson Contracting Corp.

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Editor's view

Article Abstract:

The Nov./Dec. 1996 issue of the 'Journal of Compensation and Benefits' presents several articles that focus on various aspects of the Small Business Job Protection Act of 1996 and the Health Insurance Portability and Accountability Act of 1996. These include the pros and cons of the minimum wage increase, the provision on pension simplifications and 401(k) plan rules on pension simplification.

Wages, Wages and salaries, Speeches, lectures and essays

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