United States Seventh Circuit
Fry v. Exelon Corp. Cash Balance Pension Plan, 08-1135
In a dispute involving pension benefits, district court judgment is affirmed where under ERISA an age is the normal retirement age because the pension plan's text makes it so, and thus the statutory language allows employers to vary by contract aspects of pension plans and specify a normal retirement age that may differ from typical retirement patterns.
Appellate Information
- Decided 07/02/2009
- Published 07/02/2009
Judges
- EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, in chambers.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Douglas R. Sprong (argued), Korein Tillery, St. Louis, MO, George A. Zelcs, Korein Tillery, Chicago, IL, for Plaintiff-Appellant.
- For Appellees:
- Eric S. Mattson, Constantine L. Trela, Jr. (argued), Sidley Austin, Chicago, IL, for Defendant-Appellee.