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Green v. UPS Health and Welfare Package For Retired Employees

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ARGUED DECEMBER 7, 2009

Before CUDAHY, WOOD, and EVANS, Circuit Judges.

In this class-action lawsuit, the plaintiffs, participants in the UPS Health and Welfare Package for Retired Employees (Plan) due to their former employment with UPS as members of the International Brotherhood of Teamsters (IBT) Local 705, claim that the defendants, United Parcel Service of America, Inc., the Plan, and its administrator (we will refer to them collectively as UPS), raised the amount of health insurance contributions required of the Local 705 retirees in violation of the Plan and, consequently, the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1104(a)(1)(D). Specifically, the Local 705 retirees argue that the Plan’s requirements that (1) if a threshold cost was met, all retirees would “share equally in the cost . . . by making an additional contribution” and (2) the additional contributions would not be implemented until after the expiration of the “current collective bargaining agreement” prohibit UPS from collecting additional contributions from them until 2013. UPS, on the other hand, asserts that the Plan can reasonably be interpreted to allow collections before that time.

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