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Each voucher will expire in 30 days, if not used. Plaintiffs have shown a likelihood that they will succeed on the merits of their claim, they have not shown that there is no adequate remedy at law or that they will suffer irreparable harm if their requested injunction is denied.

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The parties submitted their proposed findings of fact and conclusions of law after the hearing. Plaintiffs filed while their request for injunctive relief was pending. Plaintiffs are five employee benefit funds—three are defined contribution pension funds and two are health and welfare plans for disability and health insurance benefits.

That plan does not owe benefits unless money is paid into it. An employee vests in the defined-benefit plan after five years of service and can seek pension benefits when he reaches fifty-five years old. There was no evidence that the health and welfare plan faced any ongoing liability for claims that might have been incurred but not submitted by the date of the hearing.

Category: General

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