Legal Opinion
Nedrow v. MacFarlane & Hays Co. Employees' Profit Sharing Plan & Trust
District Court, E.D. Michigan
Decided September 13, 1979No. Civ. A. 78-73216PublishedCited by 10 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
JOINER, District Judge.
The cross motions for summary judgment filed in this case require the court to look into the extent to which a pension plan, subject to the strictures of the Employee Retirement Income Security Act of 1974 (ERISA), may utilize forfeiture clauses to induce certain behavior from its participants.
Prior to ERISA, pension plans commonly included clauses under which, for a variety of what the employer felt were improper activities, an employee could forfeit part or all of the pension benefits which he or she had in some cases worked many years to…
2Cases cited4 opinions
- Galkin v. Lincoln Mutual Casualty Co.Michigan Supreme Court · 1937
- State Farm Mutual Automobile Insurance v. ShellyMichigan Supreme Court · 1975
- New Amsterdam Casualty Co. v. JonesCourt of Appeals for the Sixth Circuit · 1943
- Fremont v. McGraw-Edison Co.District Court, N.D. Illinois · 1978
3Cited by10 opinions
- Hummell v. S. E. Rykoff & Co.Court of Appeals for the Ninth Circuit · 1980
- Gene Rettig v. Pension Benefit Guaranty CorporationCourt of Appeals for the D.C. Circuit · 1984
- Koch Industries, Inc., Cross-Appellant v. Sun Company, Inc., Cross-Appellees, and Champlin Refining & Chemicals, Inc., Defendant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1990
- David C. Hepple v. Roberts & Dybdahl, Inc., Restated Employee Profit-Sharing PlanCourt of Appeals for the Eighth Circuit · 1980
- Westwood Chemical Co., Inc. v. KulickDistrict Court, S.D. New York · 1983
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