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Instead of focusing on the selection of the terms that would apply to the Plan, the court asserted that the plaintiffs are challenging the plan sponsors repeated discretionary decisions against retroactively reimbursing qualifying participants. The only evidence the court cites in support of this conclusion is a 2023 meeting in which someone speaking on behalf of the plan sponsor told one of the named defendants and others that the surcharge would not be retroactively reimbursed when someone completes the smoking cessation program
Indeed, it is during adolescence we all feel the greatest need for acceptance, and it puts the majority of people at risk of early nicotine addiction
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