Legal Opinion

Fisher v. Pension Benefit Guaranty Corporation

District Court, District of Columbia

Decided February 25, 2016No. Civil Action No. 2014-1275PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

RANDOLPH D. MOSS, United States District Judge

This is an action brought under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., to recover unpaid retirement benefits regulated by the Employee Retirement Income Security Act of 1974 (“ERISA”). ERISA establishes certain limitations on the payment of retirement benefits by failing plans. An administrator of such a plan — known as a “distressed” plan — is barred from making payments other than in the order established by the statute, and from making lump-sum payments of any kind. 29 U.S.C. §§ 1341(c)(3)(D), 1344. But the…

2Cases cited23 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947
  5. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943

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3Cited by9 opinions

  1. Natural Resources Defense Council, Inc. v. SobeckDistrict Court, District of Columbia · 2017
  2. Lewis v. Pension Benefit Guaranty Corp.Court of Appeals for the D.C. Circuit · 2018
  3. Joseph Fisher v. PBGCCourt of Appeals for the D.C. Circuit · 2021
  4. Fisher v. Pension Benefit Guaranty CorporationDistrict Court, District of Columbia · 2020
  5. Fisher v. Pension Benefit Guaranty CorporationDistrict Court, District of Columbia · 2020

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