You should know that some courts have permitted plans to change promises made with respect to early retirement offers even if the formal plan document, collective bargaining agreement or SPD contain language allowing the employer to terminate or amend the plan. If you are considering an early retirement, you may wish to protect yourself by negotiating a written contract with your employer that includes the specific terms of health care benefits and the circumstances, if any, under which they can be changed. Given the uncertainty of the law in this area, you may wish to seek legal advice in negotiating such arrangements with your employer. This brief was prepared to help you understand the terms governing your health benefits after retirement. If there are questions or disputes about your individual retirement benefits or about the possibility of changes and cuts for you and other employees or retirees, you should consult your union representative or an attorney who is familiar with employee benefits.
Legal action can help interpret or enforce retirement health care promises.
You can request a copy from your employer or from the Department of Labor at any time and receive it within 30 days. However, you have a right to examine plan documents at no cost to you. To obtain copies of other plan documents, you must submit a written request to your employer. Again, there may be a reasonable copying charge. This bulletin was produced by the Pension and Welfare Benefits Administration, Division of Public Affairs, with the cooperation of the Office of the Solicitor, Pension Benefits Security Division.