Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

The parties acquiesced that the right to obtain lump-sum allotments was an accumulated benefit within the retirement pension plan. The Court held that since the

The parties acquiesced that the right to obtain lump-sum allotments was an accumulated benefit within the retirement pension plan. The Court held that since the new rule "constructively amended" the entitlement to accept a lump sum pension benefit under theLocal 102 Pension Plan, we determine that the initial requisite of an Anti-Cutback claim was satisfied." The rule change affected both a welfare plan (retiree health insurance) anda pension plan. It "constructively amended the pension plan by adding a condition to the receipt of a benefit accrued under that plan. If a retiree elects to receive the lump-sum pension benefit under the Local 102 Pension Plan, she loses health care benefits under theLocal 102 Welfare Plan" (FindLaw, 2010). The new rule made no sense separately from the pension plan. If it had been included in the pension plan rather than the welfare plan, it would have had an identical connotation. Thus, the inclusion of the new rule within the terms of retiree health insurance plan did not mean that the modification did not also alterthe pension plan

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Legal Research Analysis and Writing

Authors: William H. Putman, Jennifer Albright

4th edition

1305948378, 9781337469531 , 978-1305948372

More Books

Students also viewed these Law questions