Legal Opinion

Thomas E. Heinz and Richard J. Schmitt, Jr. v. Central Laborers' Pension Fund

Court of Appeals for the Seventh Circuit

Decided September 13, 2002No. 00-3314PublishedCited by 17 opinions

1Opinion of the Court

WILLIAMS, Circuit Judge.

We are asked to decide whether a pension plan amendment which expands the types of post-retirement employment that trigger mandatory suspension of early retirement benefits violates ERISA’s “anti-cutback” rule, 29 U.S.C. § 1054(g), when applied to suspend the benefits of the plaintiffs, who retired before the amendment. The district court, relying on Spacek v. Maritime Ass’n, 134 F.3d 283 (5th Cir.1998), granted judgment on the pleadings in favor of the defendant pension fund. We reject the Fifth Circuit’s interpretation of 29 U.S.C. § 1054(g) and hold that the…

2Cases cited19 opinions

  1. United States v. Mead Corp.Supreme Court of the United States · 2001
  2. Barnhart v. WaltonSupreme Court of the United States · 2002
  3. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002
  4. Matter of Cash Currency Exchange, Inc., Debtors. Cash Currency Exchange, Inc. v. Donald C. Shine, ReceiverCourt of Appeals for the Seventh Circuit · 1985
  5. Michael A. Costantino, on Behalf of the Class of v. Trw, Inc. Jake Schoepler, Secretary, Board of Administrators Trw Salaried Pension PlanCourt of Appeals for the Sixth Circuit · 1994

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3Cited by17 opinions

  1. Central Laborers' Pension Fund v. HeinzSupreme Court of the United States · 2004
  2. In Re Enron Corp. Securities, Derivative & ERISADistrict Court, S.D. Texas · 2003
  3. Richard Herman, Daniel Paule, Larry Arwood v. Central States, Southeast and Southwest Areas Pension Fund, Fred Gegare, Jerry YoungerCourt of Appeals for the Seventh Circuit · 2005
  4. Zeigler Coal Company v. Director, Office of Workers' Compensation Programs, United States Department of Labor, and William E. HawkerCourt of Appeals for the Seventh Circuit · 2003
  5. Internal Revenue Service v. MurphyCourt of Appeals for the First Circuit · 2018

12 more not listed; retrieve them via the Exa API.

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