United States Fourth Circuit
BD. OF TRUSTEES OF THE SHEET METAL WORKERS' NAT'L PENSION FUND v. COMM'R OF INTERNAL REVENUE, 02-1273
Read BD. OF TRUSTEES OF THE SHEET METAL WORKERS' NAT'L PENSION FUND v. COMM'R OF INTERNAL REVENUE, 02-1273
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The elimination of a "cost-of living" adjustment (COLA), for certain employees, from an ERISA plan did not violate the "anti-cutback" rule of 26 U.S.C. section 411(d)(6), as the COLA benefit was not an "accrued benefit" for those employees.
Appellate Information
- Argued 10/29/2002
- Decided 01/31/2003
- Published 01/31/2003
Judges
- Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.
Court
- United States Fourth Circuit
Counsel
- For Appellees:
- ARGUED: Thomas James Sawyer, Tax Division, United States Department of Justice, Washington, D.C., for Appellant. Stephen Mark Rosenblatt, Chief, Sheet Metal Workers' National Pension Fund, Alexandria, Virginia, for Appellee. ON BRIEF: Eileen J. O'Connor, Assistant Attorney General, Kenneth L. Greene, Tax Division, United States Department of Justice, Washington, D.C., for Appellant.