Legal Opinion
Payonk v. HMW Industries, Inc.
Court of Appeals for the Third Circuit
Decided August 23, 1989No. 88-1577PublishedCited by 32 opinions
1Opinion of the Court
OPINION ANNOUNCING THE JUDGMENT OF THE COURT
GARTH, Circuit Judge:
This appeal, which arises from two corporate reorganizations and the consequent termination of a pension plan, requires us to answer the question: do pension plan fiduciaries have a duty under § 404 (29 U.S.C. § 1104) and § 406 (29 U.S.C. § 1106) of the Employee's Retirement Income Security Act (ERISA) to notify the former members of a plan who now claim an interest in a plan surplus, of a termination of the plan prior to the ten day requirement of the Pension Benefit Guaranty Corporation (PBGC)1 regulations found at 29 C.F.R.…
2Cases cited13 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Rosen v. Hotel And Restaurant Employees & Bartenders Union Of Phila.Court of Appeals for the Third Circuit · 1981
- Columbo A. Bencivenga and Adeline Bencivenga v. The Western Pennsylvania Teamsters and Employers Pension Fund, and the Trustees ThereofCourt of Appeals for the Third Circuit · 1985
- Hawkins Stanton v. Gulf Oil Corporation and Its Benefits CommitteeCourt of Appeals for the Fourth Circuit · 1986
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Hozier v. Midwest Fasteners, Inc.Court of Appeals for the Third Circuit · 1990
- Marita L. Curcio the Estate of Frederick Curcio, III v. John Hancock Mutual Life Insurance Company Capital Health Systems John Hancock Mutual Life Insurance Company ("John Hancock"), in No. 93-7545, Marita L. Curcio the Estate of Frederick Curcio, III v. John Hancock Mutual Life Insurance Company Capital Health Systems Marita L. Curcio, Individually and as of the Estate of Frederick Curcio, Iii, in No. 93-7556Court of Appeals for the Third Circuit · 1994
- Drennan v. General Motors Corp.Court of Appeals for the Sixth Circuit · 1992
- Nazay v. MillerCourt of Appeals for the Third Circuit · 1991
- End of the Road Trust Ex Rel. Fruehauf Trailer Corp. v. Terex Corp. (In Re Fruehauf Trailer Corp.)District Court, D. Delaware · 2000
27 more not listed; retrieve them via the Exa API.