In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: (1986) (relying on section 45(1) and comment a). 24 . See e.g., United States R.R. Ret. Bd. v. Fritz, 449 U.S. 166, 174 (1980) (“railroad [retirement] benefits are not contractual and may be altered or even eliminated at any time”); Devlin v. Transportation Communications Int’l Union, 173 F.3d 94, 103 (2nd Cir. 1999) (a claim to vested welfare benefits is contradicted by the ... unambiguous reservation in the plan documents of its right to amend the plan”); International Union, United Auto., Aerospace and Agric. Implement Workers of Amer. v. BVR Liquidating Inc., 190 F.3d 768, 773 (6th Cir. 1999) (“the inclusion of a ‘reservation of rights’ provision establishes that there was no intent for benefits to vest”); McGrath v. Rhode Island Retirement Bd., 88 F.3d 12, 17-18 (1st Cir. 1998) (<HOLDING>); In re Unisys Corp. Retiree Medical Benefit 
 Holding statements: (A) holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed (B) recognizing that generally    with supposed unilateral contracts  if the offeror expressly reserves the power to revoke the offer until the offerees performance is complete then the offer is illusory and cannot give rise to a unilateral contract but noting exceptions (C) holding that the offerors signature on the offerees conditional acceptance bound the offeror to all the terms therein (D) holding that an offer to donate cannot be an offer to sell (E) holding that a written offer accepted by parol may constitute a sufficient memorandum of the contract provided the person making the offer is the party to be charged
[A]: holding that performance of employment services constituted acceptance of the offer of participation in bonus plan and a binding unilateral contract was thereby formed


[Q]: issue, we need not consider the second argument raised. 7 . In a dissent to Smith, Judge Friedman, joined by Judges Pellegrini and Kelley, objected to following the Miller/Lewis/Selan line of cases which automatically equated the refusal to sign a hospital consent form with a refusal to submit to chemical testing. The dissenting judges expressed preference for the other line of caselaw, particularly Conrad, and noted that because Smith orally agreed to the blood test and only refused to sign the hospital consent form, which was a pre-test procedure linked to the test, although not required by section 1547, Smith did not make a knowing and conscious refusal to submit to chemical testing. 8 . Wheatley v. Commonwealth, Department of Transportation, 104 Pa.Cmwlth. 171, 521 A.2d 507 (1987) (<HOLDING>). 9 Although Renwick does not expressly 
 Holding statements: (A) holding refusal to sign hospital waiver of liability form is not a refusal under section 1547 (B) holding that refusal to consent to search cannot support a finding of reasonable suspicion (C) holding that refusal to submit to breathalyzer test did not result from custodial interrogation (D) holding that a refusal to sign an implied consent form is not a refusal to submit to a breathalyzer test for purposes of section 1547 (E) holding that a district court did not clearly err in crediting agents testimony that a defendant had orally consented despite his refusal to sign consent form
[A]: holding refusal to sign hospital waiver of liability form is not a refusal under section 1547


[Q]: that’s the rule under the Guidelines and I believe that’s the rule in the Eleventh Circuit. I believe those are not factors that the court should take into — that that’s a factor that the court should take into consideration in attempting to depart. Frankly, I think if the court tried to depart, it would be reversible error. Id. at 29. Ordinarily, we will not review a district court’s denial of a request for downward departure. United States v. Hadaway, 998 F.2d 917, 919 (11th Cir.1993). However, a district court’s refusal to depart is reviewable on appeal if the court’s decision was based on the belief that it lacked the authority to consider a departure. United States v. Williams, 948 F.2d 706, 708 (11th Cir.1991). See also United States v. Fossett, 881 F.2d 976, 979 (11th Cir.1989) (<HOLDING>). The district court’s determination that it 
 Holding statements: (A) holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum (B) holding that district court must provide reasonable notice of intent to upwardly depart from guideline range (C) holding that a defendants assertion that the district court did not believe it had the statutory authority to depart from sentencing guideline range  presents a cognizable claim on appeal (D) holding that a court may depart downward from the applicable guideline range under section 4a13 (E) holding that conduct contained in dismissed counts may be considered by a district court in determining whether to depart from the applicable guideline range
[A]:
holding that where the guideline range is higher than the statutory maximum sentence the court should depart from the lowest range that could support the statutory maximum