Although ERISA does not require that welfare benefits vest, courts recognize that they can vest when an employer promises to provide such benefits for life. This case explores the thorny issue of when such a promise of lifetime healthcare benefits is irrevocable and, if not irrevocable, when such a promise constitutes a fiduciary breach that lays the foundation for an equitable relief claim.
Visit Your ERISA Watch for summaries of the notable decision in Warmenhoven v. NetApp, Inc., No. 19-16960, _ F.4th _, 2021 WL 4143107 (9th Cir. Sept. 13, 2021).