United States Seventh Circuit

In an ERISA action involving the non-forfeiture of benefits, district court's judgment against plaintiff is vacated and remanded where plaintiff's entitlement was fixed upon retirement, and defendant's failure to make an actuarial adjustment and pay any month's benefit between the date of retirement and applying for pension benefits worked a forfeiture of that amount in violation of the anti-forfeiture rule in sec. 1053(a) of ERISA.

Appellate Information

• Argued 02/12/2008
• Decided 03/23/2009
• Published 03/23/2009

Judges

• EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Charles D. Boutwell (argued), Northbrook, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Catherine M. Chapman, Patrick N. Ryan (argued), Baum, Sigman, Auerbach, Neuman & Katsaros, Chicago, IL, for Defendants-Appellees.