Linda Call, on Behalf of Herself and All Others Similarly Situated v. Ameritech Management Pension Plan

On Petition for Rehearing

Feb. 7, 2007.

The Ameritech Plan’s. petition for rehearing and suggestion for rehearing en banc fastens on the following statement in our opinion: “the defendant argues that it was legally obligated to state its statutory obligations in the plan. But that is nonsense; section 12.1 [of the ERISA plan] did not even appear in earlier versions of the plan; nor does the section accurately state the defendant’s statutory obligations.” The Plan repeats the argument in its petition, citing for the first time a Treasury Regulation that does not, however, contain any such…