1. Notwithstanding the law as applied, do you believe an employer should be able to change the...
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2. The Court does not seem to be persuaded at all by the plan’s arguments, though the district court found in its favor. Are you persuaded by any of the plan’s arguments?
With few exceptions, the “anti-cutback” rule of the Employee Retirement Income Security Act of 1974 (ERISA) prohibits any amendment of a pension plan that would reduce a participant’s “accrued benefit.” The question is whether the rule prohibits an amendment expanding the categories of postretirement employment that triggers suspension of payment of early retirement benefits already accrued. We hold such an amendment prohibited.
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Employment Law For Business
ISBN: 978-0077347383
6th Edition
Authors: Dawn Bennett Alexander, Laura P Hartman
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