2nd Circ. Denies Retiree Challenge To Xerox Benefit Cuts

Law360, New York (August 3, 2012, 3:25 PM EDT) -- The Second Circuit found Friday that Xerox Corp. had not illegally reduced retiree health benefits, tossing a bid to revive a suit lodged by a putative class of retired workers who claimed the company violated the Employee Retirement Income Security Act.

In a summary order, the appeals court said one of Xerox's retirement health benefit programs — known as the “flex plan” — had no language in it supporting the class's contentions that the company had unlawfully terminated their health benefits. The court added that, in...
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