Ernest S. Bins v. Exxon Company U.S.A., a Division of Exxon Corp.

Opinion by Judge W. FLETCHER; Partial Concurrence and Partial Dissent by Judge FERNANDEZ.

W. FLETCHER, Circuit Judge:

Appellant Ernest Bins worked for Exxon, U.S.A. (“EUSA”), a division of Exxon Corporation (“Exxon”), for fifteen years. In the months before he retired, Bins unsuccessfully attempted to confirm rumors that EUSA was considering offering eligible employees a lump-sum retirement incentive under an existing employee benefit plan covered by the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq. Two weeks after Bins retired, EUSA announced precisely…