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United States Eighth Circuit


Schultz v. Windstream Comms., Inc., 09-2125

In an action alleging that an amendment to defendant's pension plan violated ERISA, as well as federal and state age discrimination laws, summary judgment for defendant is affirmed where: 1) the act of amending a pension plan did not trigger ERISA's fiduciary provisions; 2) plaintiffs lacked standing to challenge the amendment because, even if the court invalidated the amendment, plaintiffs would still receive benefits under the plan's early retirement provision; and 3) plaintiffs presented no evidence that the differential treatment in the plan was actually motivated by age.

Appellate Information

  • Decided 04/05/2010
  • Published 04/05/2010

Judges

Court

  • United States Eighth Circuit

Counsel

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