RODOWICZ v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY,  1999 U.S. App. LEXIS 22499 (1^st Cir. September 15, 1999)-Retirees from defendant Massachusetts Mutual Life Insurance Company filed suit against their former employer and the Massachusetts Mutual Voluntary Termination Program ("VTP"), alleging that by failing to disclose that a more generous retirement option was forthcoming, MassMutual breached its fiduciary duties under ERISA. A preliminary issue was whether the "voluntary termination program" was a "plan" for purposes of ERISA coverage. One-time severance payments triggered by single events, like "golden handshake" offers to encourage retirement, do not constitute "plans." But a benefit scheme that requires ongoing employer investment and supervision obligations would. Using Fort Halifax Packing Co. v. Coyne as a guideline, this court found that the VTP did not fall within the scope of ERISA coverage.

Plaintiffs also alleged misrepresentations under Massachusetts common law. This court held that it was error for the district court to apply the "serious consideration" test to plaintiffs' state law claims. Vartanian held that "serious consideration" of a change in plan benefits exists when: "(1) a specific proposal which would affect a person in the position of plaintiff (2) is being discussed for purposes of implementation (3) by senior management with the authority to implement that change." Vartanian v. Monsanto Co., 131 F.3d 264 (1^st Cir. 1997). Under the test, only those changes in benefits that have reached a level of "serious consideration" and are thus "material" to an employee's decision whether to retire must be disclosed to employees. This court then analyzed Massachusetts law to affirm the summary judgments with regard to some of the plaintiffs’ common law claims, while reversing the judgments against the remaining plaintiffs.