Delso v. Trustees of the Retirement Plan for the Hourly Employees of Merck & Co.

# Delso v. Merck Retirement Plan **What Happened** A participant in Merck & Co.'s hourly employee retirement plan (or their representative) submitted an application for retirement benefits after the participant had died. The plan administrator denied the application because company rules required applications to be submitted before an employee's death. The participant's side argued this was unfair and violated the employment contract. **What the Court Decided** The Third Circuit Court of Appeals sided with the retirement plan. The court ruled that requiring applications to be filed before death was a reasonable requirement under the plan's rules. Because the application arrived after the participant had already passed away, the plan administrator properly rejected it. **Why This Matters for Workers** This ruling reinforces that retirement plan deadlines are strict and must be followed. Workers and their families should submit benefit applications promptly while the employee is still alive. Missing these deadlines—even by small delays—can result in losing benefits entirely. It's important to understand your plan's rules and timing requirements and act quickly when eligible.