Docket No.: 02-891 Topics:
Certiorari Granted: Dec 1 2003
Argued: April 19, 2004
Decided: June 7, 2004
Employee Retirement Income Security, Economic Activity, Bill of Rights, Civil Procedure, EPA, ERISA, Eighth Amendment, Employee Retirement Income Security Act, Fourth Amendment, Internal Revenue Code, Labor Department, Sixth Amendment, capital murder, criminal procedure, habeas, murder, pension plan, preemption
PartyNames: Central Laborers' Pension Fund v. Thomas E. Heinz, et al.
Petitioner: Central Laborers' Pension Fund
Respondent: Thomas E. Heinz, et al.
Court Below: United States Court of Appeals for the Seventh Circuit
Citation: CA 7, 303 F.3d 802 QUESTION PRESENTED: ERISA's "anti-cutback" rule, 29 U.S.C. § 1054(g), generally prohibits anypension plan amendment which has the effect of eliminating or reducing a participant's early retirement benefit or a retirement-type subsidy withrespect to benefits attributable to service before the amendment. The Seventh Circuit, expressly acknowledging its direct conflict with a 1998 decision of the Fifth Circuit, held that a pension plan amendment which expands the types of post-retirement employment that trigger mandatorysuspension of early retirement benefits violates the anti- cutback rule when
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