John E. Fontenot v. Nl Indus., Inc., 953 F.2d 960 (5th Cir. 1992). · Go Syfert
John E. Fontenot v. Nl Indus., Inc., 953 F.2d 960 (5th Cir. 1992). Cases Citing This Book View Copy Cite
136 citation events (74 in the last 25 years) across 36 distinct courts.
Strongest positive: Fannaly v. LEI, Inc. (laed, 2020-09-22)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 42 distinct citers. How cited ↗
cited Cited as authority (rule) Fannaly v. LEI, Inc.
E.D. La. · 2020 · confidence medium
Id. (citing Fontenot v. NL Industries, Inc., 953 F.2d 960, 961 (5th Cir.1992)).
discussed Cited as authority (rule) Cantrell v. Briggs & Veselka Co.
5th Cir. · 2013 · confidence medium
And, as this Court held in Fontenot [u NL Industries, Inc., 953 F.2d 960, 961 (5th Cir.1992)], simply because Marine Chartering offered Ap-pellees the option of. receiving that payment over a period of time does not mean that the ERHCP amounts to an administrative scheme.
discussed Cited as authority (rule) Carol Cantrell v. Briggs & Veselka Company (2×)
5th Cir. · 2013 · confidence medium
And, as this Court held in Fontenot [v. NL Industries, Inc., 953 F.2d 960, 961 (5th Cir. 1992)], simply because Marine Chartering offered Appellees the option of receiving that payment over a period of time does not mean that the ERHCP amounts to an administrative scheme.
discussed Cited as authority (rule) John Clayton v. ConocoPhillips Company
5th Cir. · 2013 · confidence medium
Clayton also points to Fontenot v. NL Industries, Inc., 953 F.2d 960, 962-63 (5th Cir.1992), in which we similarly applied Fort Halifax to a terminated employee’s suit for change in control severance benefits.
discussed Cited as authority (rule) Yarber v. Capital Bank
E.D.N.C. · 2013 · confidence medium
Co., 192 F.3d 162, 170-72 (1st Cir.1999); Collins v. Ralston Purina Co., 147 F.3d 592, 595-97 (7th Cir.1998); Kulinski v. Medtronic Bio-Medicus, Inc., 21 F.3d 254, 256-58 (8th Cir.1994); Fontenot v. NL Indus., Inc., 953 F.2d 960, 962-63 (5th Cir.1992); Caffrey v. Four Oaks Bank & Trust Co., No. 5:10-CV-341-FL, 2011 WL 2580674 , at *4-6 (E.D.N.C.
discussed Cited as authority (rule) Crowell v. Shell Oil Co.
5th Cir. · 2008 · confidence medium
The Voluntary Termination of Employment Plan in Wells "permitted employees to sell their seniority back to the company and terminate their employment in exchange for monetary payment.” Id. at 109 . "[E]ach of the plaintiffs ultimately chose to accept the VTEP option and received payments ranging from $10,000 to $22,000, depending on their years of seniority.” Id. 38 . 953 F.2d 960, 961 (5th Cir.1992). 39 . 881 F.2d at 168 . 40 .
discussed Cited as authority (rule) Venezuela v. Massimo Zanetti Beverage USA, Inc.
E.D. Va. · 2007 · confidence medium
Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1538-39 (3d Cir.1992); Fontenot v. NL Indus., Inc., 953 F.2d 960, 962-63 (5th Cir.1992); Plante, 2004 WL 2222318 , at *5. *791 A minimal amount of discretion on the part of defendant does not turn this Employment Agreement into an ERISA plan.
examined Cited as authority (rule) Peace v. American General Life Insurance (4×) also: Cited "see"
5th Cir. · 2006 · confidence medium
Appellees then received a percentage of what they would normally receive in Social Security based on the total number arrived at through the above calculation."). 19 See Fontenot v. NL Indus., Inc., 953 F.2d 960, 961-62 (5th Cir.1992) (holding that a "`golden parachute'" that would pay an executive "terminated within two years of a change of control . . . a lump sum cash payment of three times his highest annual compensation for the preceding three years, as well as three year continuation of certain benefits" was not an ERISA plan); Wells v. Gen.
cited Cited as authority (rule) Eide v. Grey Fox Technical Services Corp.
8th Cir. · 2003 · confidence medium
Inc., 953 F.2d 960, 962 (5th Cir.1992); Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1532-33 (3d Cir.1992).
discussed Cited as authority (rule) Linda M. Eide v. Grey Fox Technical Services Corporation
8th Cir. · 2003 · confidence medium
Inc., 953 F.2d 960, 962 (5th Cir.1992); Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1532-33 (3d Cir.1992). 13 Whether an ERISA plan exists, or whether benefits are premised on an ERISA plan, may be determined by whether the employer requires "an ongoing administrative program to meet [its] obligation." Fort Halifax, 482 U.S. at 12 , 107 S.Ct. 2211 .
discussed Cited as authority (rule) Donovan v. Branch Banking and Trust Co.
S.D.W. Va · 2002 · confidence medium
See Herring, 963 F.Supp. at 1558 (citing Velarde, 105 F.3d at 1316 (stay-on bonus and severance pay); Belanger, 71 F.3d at 455 (early retirement offer); Kulinski, 21 F.3d at 257 (golden parachute); James, 992 F.2d at 466 (stay-on bonus); Angst, 969 F.2d at 1538 (buyout plan); Fontenot v. NL Indus., 953 F.2d 960, 962 (5th Cir.1992) (golden parachute); Wells, 881 F.2d at 176 (severance pay)).
discussed Cited as authority (rule) Greathouse v. Glidden Co. (2×)
Tex. App. · 2001 · confidence medium
Greathouse also relies on two cases decided by the United States Fifth Circuit Court of Appeals, Fontenot v. NL Indus., 953 F.2d 960, 961 (5th Cir.1992), and Wells v. General Motors Corp., 881 F.2d 166, 168 (5th Cir.1989).
cited Cited as authority (rule) Smith v. Baker Hughes International Branches, Inc.
S.D. Tex. · 2001 · confidence medium
See Fort Halifax, 107 S.Ct. at 2218 ; Fontenot v. NL Industries, Inc., 953 F.2d 960, 962 (5th Cir.1992); see also Wells v. General Motors Corp., 881 F.2d 166, 176 (5th Cir.1989).
discussed Cited as authority (rule) Lettes v. Kinam Gold, INC. (2×) also: Cited "see"
10th Cir. · 2001 · confidence medium
Id. at 963.
examined Cited as authority (rule) Peter D. COLLINS, Plaintiff-Appellant, v. RALSTON PURINA COMPANY and Golden Cat Corporation, Defendants-Appellees (4×) also: Cited "see, e.g."
7th Cir. · 1998 · confidence medium
See also James v. Fleet/Norstar Financial Group, Inc., 992 F.2d 463, 466-68 (2d Cir.1993) (employer's promise to pay employees 60 days additional salary following plant closing not an ERISA plan because no ongoing, particularized, administrative discretionary analysis required); Fontenot v. NL Industries, Inc., 953 F.2d 960, 962-63 (5th Cir.1992) (golden parachute plan providing executives terminated within two years of a change in control with a lump-sum cash payment and a three-year continuation of certain benefits not an ERISA plan); Wells v. General Motors Corp., 881 F.2d 166, 175-76 (5th …
discussed Cited as authority (rule) Champagne v. Revco D.S., Inc.
D.R.I. · 1998 · confidence medium
See Fort Halifax, 482 U.S. at 12 (“To the extent that the obligation [to pay severance benefits] arises, satisfaction of that duty involves only making a single set of payments ... and creates no need for an ongoing administrative program for processing claims and paying benefits”); and Fontenot, 953 F.2d at 963 (no administrative scheme because “those employees included in the plan were to receive benefits upon termination regardless of the reason for termination.’’).
discussed Cited as authority (rule) Herring v. Oak Park Bank
D. Kan. · 1997 · confidence medium
Group, 992 F.2d 463, 466 (2d Cir.1993) (stay-on bonus); Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1538 (3d Cir.1992) (buyout plan); Fontenot v. NL Indus., 953 F.2d 960, 962 (5th Cir.1992) (golden parachute); Wells v. General Motors Corp., 881 F.2d 166, 176 (5th Cir.1989) (severance pay).
discussed Cited as authority (rule) Alston v. Atlantic Electric Co.
D.N.J. · 1997 · confidence medium
See Bogue v. Ampex Corp., 976 F.2d 1319, 1323 (9th Cir.1992)(examining whether the program requires managerial discretion in its administration); Belanger v. Wyman-Gordon Co., 71 F.3d 451, 455 (1st Cir.1995)(look-ing at whether a reasonable employee would perceive an ongoing commitment by the employer to provide employee benefits); Fontenot v. NL Indus., Inc., 953 F.2d 960, 963 (5th Cir.1992)(en banc)(determining whether employer analyzed circumstances of each employee separately in light of certain criteria)(citing Pane v. RCA Corp., 667 F.Supp. 168, 170-71 (D.N.J.1987), aff'd, 868 F.2d 631 (…
discussed Cited as authority (rule) Anthony W. Cvelbar v. Cbi Illinois Incorporated
7th Cir. · 1997 · confidence medium
See Schonholz, 87 F.3d at 76 (holding that the plan at issue required more than “simple arithmetical calculations" and necessitated managerial discretion because company had to determine, inter alia, “whether the employee was involuntarily terminated” and “whether the termination was for either illegal conduct or substantially deficient performance”); Simas v. Quaker Fabric Corp., 6 F.3d 849 , 853-54 (1st Cir.1993) (holding that whether an employee was fired "for cause” is a non-mechanical criterion which created the need for administrative obligations); Bogue, 976 F.2d at 1323 (si…
discussed Cited as authority (rule) Pens. Plan Guide P 23921b Gleniss S. Schonholz v. Long Island Jewish Medical Center
2d Cir. · 1996 · confidence medium
See, e.g., Belanger v. Wymam-Gordon Co., 71 F.3d 451, 454 (1st Cir.1995) (ERISA implicated only if there are “continuing administrative and financial obligations”); Simas v. Quaker Fabric Corp., 6 F.3d 849 , 853-54 (1st Cir.1993) (courts do not apply Fort Halifax where the state statute or employer promise creates “ongoing obligations”); Bogue v. Ampex Corp., 976 F.2d 1319, 1323 (9th Cir.1992) (adopting approach that ERISA requires “administrative scheme”), cert. denied, 507 U.S. 1031 , 113 S.Ct. 1847 , 123 L.Ed.2d 471 (1993); Fontenot v. NL Indus., Inc., 953 F.2d 960, 962-63 (5th …
discussed Cited as authority (rule) Weiss v. National Westminster Bank Corp. (2×)
E.D.N.Y · 1996 · confidence medium
See, e.g., Fleet/Norstar, 992 F.2d at 468 ; Bogue v. Ampex Corp., 976 F.2d 1319, 1322-23 (9th Cir.1992) (Wisdom, J.), cert. denied, [ 507 U.S. 1031 ] 113 S.Ct. 1847 [ 123 L.Ed.2d 471 ] (1993); Fontenot v. NL Indus., Inc., 953 F.2d 960, 962 (5th Cir.1992).
discussed Cited as authority (rule) Belanger v. Wyman-Gordon
1st Cir. · 1995 · confidence medium
See Fort Halifax, 482 U.S. at 12 ; see ___ ____________ ___ also Kulinski v. Medtronic Bio-Medicus, Inc., 21 F.3d 254 , 258 ____ ________ ___________________________ (8th Cir. 1994) (holding that a severance plan involving a one- time payment is not an ERISA plan); Angst v. Mack Trucks, Inc., _____ __________________ 969 F.3d 1530 , 1539 (3d Cir. 1992) (similar); Fontenot v. NL ________ __ Indus., Inc., 953 F.2d 960, 962-63 (5th Cir. 1992) (similar). ____________ The more intriguing question in this case is whether the incidence of serial offers the fact that the company made not a lone offer …
discussed Cited as authority (rule) Edmund H. Belanger v. Wyman-Gordon Company
1st Cir. · 1995 · confidence medium
See Fort Halifax, 482 U.S. at 12 , 107 S.Ct. at 2217-18 ; see also Kulinski v. Medtronic Bio-Medicus, Inc., 21 F.3d 254 , *456 258 (8th Cir.1994) (holding that a severance plan involving a one-time payment is not an ERISA plan); Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1539 (3d Cir.1992) (similar); Fontenot v. NL Indus., Inc., 953 F.2d 960, 962-63 (5th Cir.1992) (similar).
discussed Cited as authority (rule) Belanger v. Wyman-Gordon
1st Cir. · 1995 · confidence medium
See Fort Halifax, 482 U.S. at 12 ; see also Kulinski v. Medtronic Bio-Medicus, Inc., 21 F.3d 254, 258 (8th Cir. 1994) (holding that a severance plan involving a one- time payment is not an ERISA plan); Angst v. Mack Trucks, Inc., 969 F.3d 1530 , 1539 (3d Cir. 1992) (similar); Fontenot v. NL Indus., Inc., 953 F.2d 960, 962-63 (5th Cir. 1992) (similar).
discussed Cited as authority (rule) McClelland v. Gronwaldt
E.D. Tex. · 1995 · confidence medium
Conversely, in Fontenot v. NL Industries, Inc., 953 F.2d 960, 961-63 (5th Cir.1992), the Fifth Circuit held that a “golden parachute” program providing severance pay for executives who were terminated within two years of a change of control was not an ERISA *461 plan because eligibility for the program was based on objective criteria.
cited Cited as authority (rule) 19 Employee Benefits Cas. 1076, Pens. Plan Guide P 23904p Dennis Delaye, Individually & on Behalf of the Agripac, Inc./dennis Delaye \Employment Contract\" v. Agripac
unknown court · 1994 · confidence medium
Group, Inc., 992 F.2d 463, 466 (2d Cir.1993) (same); Fontenot v. NL Industries, Inc., 953 F.2d 960, 962 (5th Cir.1992) (same); Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1532 (3rd Cir.1992) (same).
cited Cited as authority (rule) Delaye v. Agripac, Inc.
unknown court · 1994 · confidence medium
Group, Inc., 992 F.2d 463, 466 (2d Cir.1993) (same); Fontenot v. NL Industries, Inc., 953 F.2d 960, 962 (5th Cir.1992) (same); Angst v. Mack Trucks, Inc., 969 F.2d 1530, 1532 (3rd Cir.1992) (same).
discussed Cited as authority (rule) Northwest Airlines, Inc. v. Federal Insurance Company
8th Cir. · 1994 · confidence medium
Although the lump sum severance benefit is different than the Partnership Plan here, the Partnership Plan, like the severance benefit, required no administrative scheme. 6 See Fontenot v. NL Indus., Inc., 953 F.2d 960, 962-63 (5th Cir.1992) (severance plan not an ERISA plan because it required no “administrative scheme”); Wells v. General Motors Corp., 881 F.2d 166, 176 (5th Cir.1989) (Voluntary Termination Of Employment Plan did not qualify as an ERISA plan because plan was not “ongoing” and did not require “continuing administration”), cert. denied, 495 U.S. 923 , 110 S.Ct. 1959 …
discussed Cited as authority (rule) Middleton v. Philadelphia Electric Co. (2×) also: Cited "see, e.g."
E.D. Pa. · 1994 · confidence medium
In other words, unlike application of the statute in Fort Halifax, there was simply “no way to carry out that obligation with the unthinking, one-time, nondiscretionary application of the plan administrators^]” Id.; see also Gray, 809 F.Supp. at 166-67 (Massachusetts severance pay statute preempted by ERISA because, as in Pane , plan administrator had to decide whether employee’s termination was involuntary in order to determine eligibility for benefits); Conversely, in Fontenot v. NL Industries, Inc., 953 F.2d 960, 961-63 (5th Cir.1992), the Fifth Circuit held that a “golden parachute…
discussed Cited as authority (rule) James M. Kulinski v. Medtronic Bio-Medicus, Inc., James M. Kulinski v. Medtronic Bio-Medicus, Inc.
8th Cir. · 1994 · confidence medium
In Fontenot v. NL Industries, Inc., 953 F.2d 960, 962 (5th Cir.1992), for example, the Fifth Circuit applied Fort Halifax’s reasoning to a golden parachute that is quite similar to the one before us in this case.
discussed Cited as authority (rule) Gray v. Quaker Fabric Corp. of Fall River
D. Mass. · 1992 · confidence medium
Significantly, in Fontenot v. NL Industries, Inc., 953 F.2d 960, 961, 963 (5th Cir.1992), in which the Court of Appeals for the Fifth Circuit held that a “golden parachute” program providing severance pay for executives terminated within two years of a change of control was not a plan under ERISA, the court distinguished Pane on the basis that in Pane, “the circumstances of each employee’s termination had to be analyzed in terms of certain criteria,” whereas under the severance plan at issue in Fontenot , “employees included in the plan were to receive benefits upon termination reg…
discussed Cited as authority (rule) Grun v. Pneumo Abex Corp. (2×) also: Cited "see"
N.D. Ill. · 1992 · confidence medium
Id. at 962.
discussed Cited "see" Bessinger v. Cimarex Energy Co. (2×) also: Cited "see, e.g."
N.D. Okla. · 2024 · signal: see · confidence high
See Fontenot, 953 F.2d at 962-63 ; Johnson, 2016 WL 9735765 , at *7.
discussed Cited "see" Charles Emmenegger v. Bull Moose Tube Co.
8th Cir. · 1999 · signal: see · confidence high
See Fontenot v. NL Indus., Inc., 953 F.2d 960, 963 (5th Cir. 1992) (noting that "severance plan requires no administrative scheme because those employees included in the plan were to receive benefits upon termination regardless of the reason for termination").
discussed Cited "see" Charles E. Emmenegger Robert F. Ritzie James E. Riley v. Bull Moose Tube Company Caparo, Inc. Bull Moose Tube, Ltd. Swraj Paul
8th Cir. · 1999 · signal: see · confidence high
See Fontenot v. NL Indus., Inc., 953 F.2d 960, 963 (5th Cir.1992) (noting that “severance plan requires no administrative scheme because those employees included in the plan were to receive benefits upon termination regardless of the reason for termination”).
cited Cited "see" Sindelar v. Canada Transport, Inc.
Neb. · 1994 · signal: see · confidence high
See, Fontenot v. NL Industries, Inc., 953 F.2d 960 (5th Cir. 1992); Angst v. Mack Trucks, Inc., 969 F.2d 1530 (3d Cir. 1992).
discussed Cited "see, e.g." Mark Gomez v. Ericsson, Inc.
5th Cir. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Fontenot v. NL Indus., Inc., 953 F.2d 960, 962-63 (5th Cir. 1992) (holding that a lump sum severance payment, contingent on a single event that may never occur, is not a “plan” for purposes of ERISA); Wells v. Gen.
discussed Cited "see, e.g." Tyco Valves & Controls, L.P. v. Colorado (2×)
Tex. App. · 2012 · signal: see also · confidence medium
Co., 462 F.3d 437, 441 (5th Cir.2006) (holding that claim alleging breach of contract to provide annuity purchased with single premium payment was akin to one-time severance benefit and did not constitute employee benefit plan under ERISA); see also Fontenot v. NL Indus., Inc., 953 F.2d 960, 961, 963 (5th Cir.1992) (holding that, because severance plan involved only one-time lump sum payment triggered by single event and required no administrative scheme, ERISA did not preempt claims arising from senior executive severance plan which provided that if executive were terminated within two years …
discussed Cited "see, e.g." Tyco Valves & Controls, L.P. and TV&C GP Holdongs, Inc. v. Arsenio Colorado, Steven Craig, Umit Davulcu, Richard Gonzales, Lanny Heinrich, Leonard Hill, Andy Huynh, Chris Kahrig, Lay Keonakhone, Greg Lambousy, Tung Le, Chris Luckey, Fernando MacIas, Jorge Martinez, Raul Martinez, Kenneth Nash, Jimmy Phoumlavanh
Tex. App. · 2012 · signal: see also · confidence medium
Co. , 462 F.3d 437, 441 (5th Cir. 2006) (holding that claim alleging breach of contract to provide annuity purchased with single premium payment was akin to one-time severance benefit and did not constitute employee benefit plan under ERISA); see also Fontenot v. NL Indus., Inc. , 953 F.2d 960, 961, 963 (5th Cir. 1992) (holding that, because severance plan involved only one-time lump sum payment triggered by single event and required no administrative scheme, ERISA did not preempt claims arising from senior executive severance plan which provided that if executive were terminated within two ye…
discussed Cited "see, e.g." Way v. Ohio Casualty Insurance
D.N.J. · 2004 · signal: compare · confidence medium
Compare Fontenot v. NL Industries, Inc., 953 F.2d 960, 963 (5th Cir.1992)(“NL Industries’ severance plan requires no administrative scheme because those employees included in the plan were to receive benefits upon termination regardless of the reason for termination.”) Plaintiff claims, however, that nothing more is required than simple calculations based on objective criteria, thereby *717 removing it from the realm of ERISA coverage, much like the severance payment in James and as suggested by the court’s dictum in Alston .
discussed Cited "see, e.g." Williamson v. GTE Products Corp.
M.D. Penn. · 1997 · signal: see also · confidence low
See also Fontenot v. NL Industries, 953 F.2d 960 (5th Cir.1992); Wells v. General Motors Corp., 881 F.2d 166 (5th Cir.), reh’g denied, 887 F.2d 1083 (5th Cir.1989) (table), cert. denied, 495 U.S. 923 , 110 S.Ct. 1959 , 109 *372 L.Ed.2d 321 (1990) (cases on which Third Circuit relied to conclude that agreement to continue existing benefits does not constitute a separate plan under ERISA).
cited Cited "see, e.g." MacOmber v. Digital Equipment Corp.
D.N.H. · 1992 · signal: see, e.g. · confidence low
See, e.g., Fontenot v. NL Industries, Inc., 953 F.2d 960 (5th Cir.1992); Angst v. Mack Trucks, Inc., 969 F.2d 1530 (3d Cir.1992).
Retrieving the full opinion text from the archive…
John E. FONTENOT, Plaintiff-Appellant,
v.
NL INDUSTRIES, INC., Defendant-Appellee
91-2731.
Court of Appeals for the Fifth Circuit.
Feb 19, 1992.
953 F.2d 960
William H. Bruckner, Sylvia Davidow, Bruckner & Sykes, Houston, Tex., for John E. Fontenot., Jack G. Carnegie, Emil T. Baydo, Christina Richard, Holtzman & Urquhart, Houston, Tex., for NL Industries, Inc.
Goldberg, Jolly, Jones.
Cited by 76 opinions  |  Published
GOLDBERG, Circuit Judge:

This ERISA case is on appeal from the district court’s entry of summary judgment in favor of the defendant NL Industries. The district court dismissed plaintiff John E. Fontenot’s complaint which alleged that NL Industries had violated ERISA, 29 U.S.C. § 1001, et seq., by excluding him from the company’s senior executive severance plan. The court held that the severance plan was not a “plan” within the meaning of ERISA, and accordingly, ERISA provided no basis for relief. Alternatively, the court held that Fontenot waived his entitlements to any and all benefits under the severance plan. Because we agree that the severance plan is not a “plan” within the meaning of ERISA, we affirm the judgment below without reaching the waiver issue.

The facts underlying this case are largely uncontested, and for purposes of this appeal, are basically irrelevant. Suffice it to say that Fontenot was employed with NL Industries since July 1978 as a manager of mechanical engineering. Over time, he received several promotions, rising to the position of vice president of the newly organized NL Baroid Technology. NL Industries, in the meantime, was the target of a takeover. In an effort to stymie any takeover attempts, NL Industries instituted the NL Senior Executive Severance Plan (the “severance plan”). In Wall Street terms, the severance plan was a “golden parachute,” providing that if an executive was terminated within two years of a change of control, the company would pay the executive a lump sum cash payment of three times his highest annual compensation for the preceding three years, as well as a three year continuation of certain benefits. Only a limited number of executives at NL Industries were included in the severance plan; Fontenot was not one of them.

When NL Industries was taken over in June 1986, Fontenot learned that he had no parachute: he had not been included in the severance plan. One year later, he was terminated. At that time, Fontenot entered into an outplacement arrangement with NL Industries under which he stayed on the company payroll for six months while seeking out new employment. As a condition of participation, Fontenot signed a document waiving his rights to “vacation entitlement, separation allowance, as well as participation in any incentive plan.”

Fontenot eventually requested benefits under the severance plan which request was denied. He then brought this lawsuit alleging his entitlements to the severance benefits under the auspices of ERISA. The district court dismissed his claims on defendant NL Industries’ motion for sum[*962] mary judgment. Relying on the Supreme Court’s decision in Fort Halifax Packing Co. v. Coyne, 482 U.S. 1, 11, 107 S.Ct. 2211, 2217, 96 L.Ed.2d 1 (1987) and our decision in Wells v. General Motors Corp., 881 F.2d 166, 176 (5th Cir.1989), cert. denied, 495 U.S. 923, 110 S.Ct. 1959, 109 L.Ed.2d 321 (1990), the district court held:

[T]he NLSES Plan required Defendant to make only a one-time lump sum payment to certain employees. The requirement to pay was triggered by a single event. This single event — the change of control in NL Industries, Inc. — was a contingency that may never have materialized. Defendant may potentially never have had to make severance payments pursuant to the NLSES Plan. This theoretical possibility of a one-time obligation in the future created no need for an on-going administrative program to process claims and pay benefits. Consequently, the NLSES Plan is not an employee benefit plan and therefore is not governed by ERISA.

District court op. at 7.

Fort Halifax held that a lump sum severance payment, triggered by a single event that may never occur, is not a “plan” for purposes of ERISA:

The requirement of a one-time lump sum payment triggered by a single event requires no administrative scheme whatsoever to meet the employer’s obligation. The employer assumes no responsibility to pay benefits on a regular basis, and thus faces no periodic demands on its assets that create a need for financial coordination and control. Rather, the employer’s obligation is predicated on the occurrence of a single contingency that may never materialize. The employer may well never have to pay the severance benefits. To the extent that the obligation to do so arises, satisfaction of that duty involves only making a single set of payments to employees at the time the plant closes. To do little more than write a check hardly constitutes the operation of a benefit plan. Once this single event is over, the employer has no further responsibility. The theoretical possibility of a one-time obligation in the future simply creates no need for an ongoing administrative program for processing claims and paying benefits.

482 U.S. at 12, 107 S.Ct. at 2218 (emphasis in original). The benefits at issue in Fort Halifax were to be provided by the employer pursuant to a state statute. The statute required that “any employer that terminates operations at a plant with 100 or more employees, or relocates those operations more than 100 miles away, must provide one week’s pay for each year of employment to all employees who have worked in the plant at least three years.” Id. at 5, 107 S.Ct. at 2214. The Supreme Court held that the statute was not preempted by ERISA “because the statute neither establishes, nor requires an employer to maintain, an employee welfare benefit ‘plan’ ” within the meaning of the ERISA statute. Id. at 6, 107 S.Ct. at 2215.

In Wells, we held that General Motors’ “procedure by which employees could elect to receive a one-time lump payment if they ceased working at the plant” was not an ERISA plan. We were persuaded by the fact that:

[t]he plan was not ongoing, nor was there any need for continuing administration of the payment program.... The facts that GM made the payment pursuant to a Voluntary Termination of Employment “Plan” and that the employees received a benefit do not convert the plan into an “employee benefit plan” for purposes of ERISA.

881 F.2d at 176.

Fontenot has offered no meaningful basis for distinguishing the “plans” at issue in Fort Halifax and Wells from the severance plan at issue in this case. NL Industries’ severance plan involves “a one-time lump sum payment triggered by a single event ... that may never materialize,” it “requires no administrative scheme whatsoever to meet the employer’s obligation,” and “[t]he employer assumes no responsibility to pay benefits on a regular basis ” Fort Halifax, 482 U.S. at 12, 107 S.Ct. at 2218; accord Wells, 881 F.2d at 176. The decision in Pane v. RCA Corp., 667 F.Supp. 168 (D.N.J.1987), aff'd, 868[*963] F.2d 631 (3d Cir.1989), relied upon Fontenot in support of his position, does not prescribe a different conclusion. There, the severance agreements “required an administrative scheme,” 868 F.2d at 635, because “the circumstances of each employee’s termination [had to be] analyzed in light of [certain] criteria.” 667 F.Supp. at 170-71. In contrast, NL Industries’ severance plan requires no administrative scheme because those employees included in the plan were to receive benefits upon termination regardless of the reason for termination. Surely, Pane does not stand for the proposition that every “golden parachute” is an ERISA plan.

Because we conclude that the severance plan is not governed by ERISA, we must pull the rip cord on this appeal. But as we jump from this appellate plane, we are quite confident that we can land safely on the district court’s judgment.

AFFIRMED.