In Curtis v Alcoa, Inc, No. 3:06-CV-448, 2011 WL 850410 (E.D. Tenn. Mar. 9, 2011), the district court held that Alcoa could enforce caps on retiree health care for employees who retired between June 1, 1993 and June 30, 2006. Relying on Wood v. Detroit Diesel Corp, 607 F.3d 427 (6th Cir. 2010), the court determined that the terms of the collective bargaining agreements and summary plan descriptions entitled the retirees to vested lifetime health benefits, but subject to the cap on Alcoa’s contributions. The court rejected plaintiffs’ argument that the caps were implemented solely for accounting purposes, and were never intended to go into effect (“caps with a wink”). Following trial, the court found that the overwhelming evidence established that Alcoa bargained for the right to impose a cap on retiree health costs beginning in 1993, and in each successive collective bargaining session. Thus, the caps were “real” even though Alcoa and the union agreed to defer implementation of the cap during the 1993, 1996, and 2001 bargaining sessions.