United States Tenth Circuit
Kerber v. Qwest Pension Plan, 08-1387
In an ERISA action challenging certain amendments to an employee benefit plan that purported to eliminate a "pensioner death benefit," summary judgment for Defendants is affirmed, where the benefit did not constitute a "retirement-type subsidy" for purposes of ERISA's anti-cutback provision.
Appellate Information
- Decided 07/17/2009
- Published 07/17/2009
Judges
- BRISCOE, Circuit Judge., Before BRISCOE, BRORBY, and McCONNELL, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Curtis L. Kennedy, Denver, CO, for Plaintiffs-Appellants.
- For Appellees:
- John Houston Pope of Epstein, Becker & Green, P.C., New York, NY, (Elizabeth I. Kiovsky, Baird & Kiovsky, LLC, Denver, CO, with him on the brief), for Defendants-Appellees.