Inter-Modal Rail Employees Assn. v. Atchison, T. & S. F. R. Co., 520 U.S. 510, 5 (1997)

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514

INTER-MODAL RAIL EMPLOYEES ASSN. v. ATCHISON, T. & S. F. R. CO.

Opinion of the Court

351. As a result, the Court of Appeals noted, "employers remain free to unilaterally amend or eliminate [welfare] plans," and "employees have no present 'right' to future, anticipated welfare benefits.' " Ibid. (emphasis deleted; internal quotation marks omitted). Because the "existence of a present 'right' is [a] prerequisite to section 510 relief," the Court of Appeals concluded that § 510 did not state a cause of action for interference with welfare benefits. Ibid. We granted certiorari to resolve a conflict among the Courts of Appeals on this issue,* 519 U. S. 1003 (1996), and now vacate the decision below and remand.

II

The Court of Appeals' holding that § 510 bars interference only with vested rights is contradicted by the plain language of § 510. As noted above, that section makes it unlawful to "discharge . . . a [plan] participant or beneficiary . . . for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan." 29 U. S. C. § 1140 (emphasis added). ERISA defines a "plan" to include both "an employee welfare benefit plan [and] an employee pension benefit plan," § 1002(3), and specifically exempts "employee welfare benefit plan[s]" from its stringent vesting requirements, see § 1051(1). Because a "plan" includes an "employee welfare benefit plan," and because welfare plans offer benefits that do not "vest" (at least insofar as ERISA is concerned), Congress' use of the word "plan" in § 510 all but forecloses the argument that § 510's interfer-*See Shahid v. Ford Motor Co., 76 F. 3d 1404, 1411 (CA6 1996) (holding that § 510 draws no distinction between benefits that vest and those that do not); Heath v. Varity Corp., 71 F. 3d 256, 258 (CA7 1995) (same); Seaman v. Arvida Realty Sales, 985 F. 2d 543, 546 (CA11) (same), cert. denied, 510 U. S. 916 (1993); see also McGann v. H & H Music Co., 946 F. 2d 401, 408 (CA5 1991) (implying the same), cert. denied sub nom. Greenburg v. H & H Music Co., 506 U. S. 981 (1992); Andes v. Ford Motor Co., 70 F. 3d 1332, 1336 (CADC 1995) (implying the same).

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