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CIRULIS v. UNUM CORP.

No. 01-3362.

321 F.3d 1010 (2003)

David B. CIRULIS, Plaintiff-Appellant, v. UNUM CORPORATION Severance Plan, Unum Corporation Officer Severance Plan, and Robert Cornett, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 5, 2003.

Attorney(s) appearing for the Case

Patrick K. McMonigle (John F. Wilcox, Jr., with him on the briefs), of Dysart Taylor Lay Cotter & McMonigle, P.C., Kansas City, MO, for Plaintiff-Appellant.

Morris J. Nunn of Stinson Morrison Hecker, L.L.P., Kansas City, MO, for Defendants-Appellees.

Before HENRY, McWILLIAMS, and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

This case requires resolution of the following question: Does the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., authorize a plan administrator to condition payment of severance benefits on an employee's assent to a non-solicitation provision not included on the face of a plan? David B. Cirulis, formerly employed with UNUM Life Insurance Company ("UNUM"), brought suit to recover severance payments denied to...

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