Sullivan v. Cuna Mutual Insurance Society

I respectfully dissent from the portion of the decision affirming dismissal of plaintiffs’ claims based on the cancellation of their unused sick leave accounts. Relying on CUNA Mutual’s reservation of the right to amend or terminate its benefit plan, my colleagues have come to a decision in this case that is not inconsistent with precedent. The decision, however, is not compelled by precedent. We can and should reconcile conflicting plan provisions without giving absolute trumps to the employer’s reservation of a right to amend or terminate the plan. Nothing in the statute itself or in the…