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09-3374 Temme v. Bemis Co., Inc.

By: WISCONSIN LAW JOURNAL STAFF//September 13, 2010//

09-3374 Temme v. Bemis Co., Inc.

By: WISCONSIN LAW JOURNAL STAFF//September 13, 2010//

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Employment
ERISA

Medical benefits under a plant closing agreement vested for life, even though the agreement did not explicitly use those terms.

“The language contained in the Closing Agreement clearly entitles retirees to an eligibility for a specific medical benefit. The retirees represented in this action were eligible for these retiree medical benefits, and elected to commence their retirement benefits by the date indicated in the Closing Agreement. The benefit was defined by §§ 9.01-.02 of the CBA, which promised retirees’ benefits to the level of those given to current employees, and specifically detailed added benefits effective July 1, 1982. The Closing Agreement was negotiated with the purpose of creating enduring rights, had no termination date, and no method through which retiree benefits could end. We find that the parties intended to grant retirees a lifetime entitlement to medical benefits and reverse the district court’s grant of summary judgment to Bemis on this issue.”

Reversed and Remanded.

09-3374 Temme v. Bemis Co., Inc.

Appeal from the United States District Court for the Eastern District of Wisconsin, Stadtmueller, J., Williams, J.

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