Nichols Ex Rel. Alcatel Network Systems Salaried Retirees Benefit Program v. Alcatel USA, Inc.

CARL E. STEWART, Circuit Judge:

This putative class action concerns the elimination of retirement medical benefits for workers who retired from Alcatel USA, Inc. (“AUSA”) or its predecessors. The retirees in this action are divided into two groups: Salaried Retirees and Union Retirees (collectively “the Retirees”). AUSA provided the Salaried Retirees with a Salaried Retirees Benefit program and agreed to provide medical benefits to Union Retirees under collective bargaining agreements and other similar arrangements. The Salaried Retirees contend that the Benefit program is a pension plan and…