United States Second Circuit
Swede v. Rochester Carpenters Pension Fund, 06-0112
Petition for review of a partial grant of summary judgment for plaintiff in an ERISA claim concerning a plan amendment that suspended plaintiff's retirement benefits is denied, and summary judgment affirmed, where the Supreme Court's decision in Central Laborers' Pension Fund v. Heinz, 541 U.S. 739 (2004), applies retroactively and IRS regulatory guidance does not limit this retroactive effect.
Appellate Information
- Decided 10/20/2006
- Published 10/23/2006
Judges
- JOSÉ A. CABRANES, Circuit Judge., Before FEINBERG, CABRANES, and SACK, Circuit Judges.
Court
- United States Second Circuit
Counsel
- For Appellant:
- Michael T. Harren, Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester, NY, for Appellants.
- For Appellees:
- Peter C. Nelson, Rochester, NY, for Appellee.