United States Ninth Circuit
MICHAEL v. RIVERSIDE CEMENT CO. PENSION PLAN, 99-55519
The anti-cutback rule, 29 USC 1054(g), prohibits an employer from reducing a previously retired employee's benefits by the amount of previous retirement benefits paid even if the recalculated benefits are greater than what he would have received if he did not retire the first time.
Appellate Information
- Argued 11/15/2000
- Decided 09/17/2001
- Published 09/17/2001
Judges
- Before: CANBY, McKEOWN, and PAEZ, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Joseph Ribakoff, Long Beach, California, for the plaintiff-appellant.
- For Appellees:
- Thomas N. Charchut, Haight, Brown & Bonesteel, L.L.P., Santa Monica, California; Karen K. Suhre, Hughes & Luce, L.L.P., Dallas, Texas, for the defendant-appellee.