United States Sixth Circuit

In an ERISA action alleging that Defendant-Union violated ERISA's anti-cutback rule by rescinding an increase of retirement benefits, summary judgment for Defendant is affirmed, where Congress did not consider a post-retirement increase in pension benefits to be an "accrued benefit."

Appellate Information

• Decided 05/14/2009
• Published 05/14/2009

Judges

• DAMON J. KEITH, Circuit Judge., Before:  KEITH, SUTTON, and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William T. Payne, Stember, Feinstein, Doyle & Payne, Pittsburgh, Pennsylvania, for Appellant.  Peter J. Leff, O'Donnell, Schwartz & Anderson, Washington, D.C., for Appellees.   ON BRIEF:  William T. Payne, Ellen Mary Doyle, Pamina Grace Ewing, Stember, Feinstein, Doyle & Payne, Pittsburgh, Pennsylvania, Michael D. Grabhorn, Grabhorn Law Office, Louisville, Kentucky, for Appellant.  Peter J. Leff, O'Donnell, Schwartz & Anderson, Washington, D.C., for Appellees.