United States Third Circuit
Battoni v. IBEW Local Union No. 102 Employee Pension Plan, 08-3743
In plaintiffs' ERISA action challenging an amendment to their welfare plan as an unlawful cutback of their accrued benefits under their pension plan, the judgment of the district court in favor of the plaintiffs is affirmed as the amendment violated the ERISA's Anti-Cutback rule, 29 U.S.C. section 1054(g), by constructively amending the pension plan in a manner that decreased an accrued benefit under that plan.
Appellate Information
- Argued 01/12/2010
- Decided 02/05/2010
- Published 02/05/2010
Judges
- Before SCIRICA, Chief Judge, BARRY, and SMITH, Circuit Judges.
Court
- United States Third Circuit
Counsel
- For Appellees:
- Robert E. Bartkus, (argued), Robert W. Delventhal, Dillon, Bitar & Luther, Morristown, NJ, for Appellees in 08-3743 and 09-2030, Cross-Appellants in 08-3924., Michael T. Scaraggi, (argued), Oransky, Scaraggi, Borg & Abbamonte, West Caldwell, NJ, for Appellants in 08-3743 and 09-2030, Cross-Appellees in 08-3924.