Answered step by step
Verified Expert Solution
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
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started