In a class action lawsuit brought by former employees of UPS claiming that defendants raised the amount of health insurance contributions required of union retirees in violation of the retirement plan and, consequently, ERISA, judgment of the district court is affirmed where: 1) district court correctly concluded that UPS violated the Summary Plan Description by collecting additional contributions from local union retirees without collecting from other IBT retirees covered by the plan; and 2) with respect to additional contributions UPS collected from the local union retirees during the term of the 2008 CBA, district court correctly concluded that UPS’s determination was within the range of reasonable interpretations, and therefore, not arbitrary and capricious.     

Read Green v. UPS Health & Welfare Package for Retired Employees, No. 09-2445

Appellate Information

Appeals from the United States District Court for the Northern District of Illinois, Eastern Division

Decided February 10, 2010

Judges

Before: Cudahy, Wood, and Evans, Circuit Judges

Opinion by Circuit Judge  Evans

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