Legal Opinion
Carl Michael, an Individual v. Riverside Cement Company Pension Plan
Court of Appeals for the Ninth Circuit
Decided September 17, 2001No. 99-55519PublishedCited by 13 opinions
1Opinion of the Court
Opinion by Judge CANBY; Dissent by Judge PAEZ.
CANBY, Circuit Judge:
Carl Michael (“Michael”) appeals from the district court’s grant of summary judgment in favor of defendant Riverside Cement Company Pension Plan in this action brought under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a). Michael contends that his early retirement benefits were impermissibly reduced by a subsequent amendment to the Riverside plan in violation of ERISA’s anti-cutback rule, 29 U.S.C. § 1054(g). We conclude that he is correct, and we accordingly reverse the judgment of the district…
2Cases cited4 opinions
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Spain v. Aetna Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1993
- Carver v. Westinghouse Hanford Co.Court of Appeals for the Ninth Circuit · 1991
- 22 Employee Benefits Cas. 1097, Pens. Plan Guide (Cch) P 23942z Earl Bonovich v. Knights of Columbus, William J. Van Tassell and Edward J. MaloneyCourt of Appeals for the Second Circuit · 1998
3Cited by13 opinions
- Thomas E. Heinz and Richard J. Schmitt, Jr. v. Central Laborers' Pension FundCourt of Appeals for the Seventh Circuit · 2002
- Miller v. Xerox Corp. Retirement Income Guarantee PlanCourt of Appeals for the Ninth Circuit · 2006
- Allen v. Honeywell Retirement Earnings PlanDistrict Court, D. Arizona · 2005
- Miller v. Xerox Corp. Retirement Income Guarantee PlanCourt of Appeals for the Ninth Circuit · 2006
- Waldamar Miller Thomas H. Sudduth, Jr. J. Denton Allen, Individuals v. Xerox Corporation Retirement Income Guarantee Plan, an Employee Pension Benefit Plan Xerox Corporation, a New York Corporation Patricia Nazemetz, as Plan Administrator of the Xerox Corporation Retirement Income Guarantee Plan, Waldamar Miller Thomas H. Sudduth, Jr. J. Denton Allen, Individuals v. Xerox Corporation Retirement Income Guarantee Plan, an Employee Pension Benefit Plan Xerox Corporation, a New York Corporation Patricia Nazemetz, as Plan Administrator of the Xerox Corporation Retirement Income Guarantee PlanCourt of Appeals for the Ninth Circuit · 2006
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