Legal Opinion
Alcantara v. Bakery & Confectionery Union & Industry International Pension Fund Pension Plan
Court of Appeals for the Second Circuit
Decided May 1, 2014No. Nos. 12-4834-cv, 12-4839-cv, 12-4851-cv, 12-4861-cv, 12-4912-cvPublishedCited by 11 opinions
1Opinion of the Court
BARRINGTON D. PARKER, Circuit Judge:
In this appeal from a judgment of the' United States District Court for the Southern District of New York (Vincent L. Briccetti, Judge) we consider whether the anti-cutback rule in § 204(g) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1054(g), precludes plan amendments that reduce retirement-type subsidies for plan participants who have ceased employment without satisfying the preamendment conditions for the subsidy, but who could later satisfy the preamendment conditions without returning to work. We hold that the rule…
2Cases cited13 opinions
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Fedorenko v. United StatesSupreme Court of the United States · 1981
- Berger v. Edgewater Steel Co.Court of Appeals for the Third Circuit · 1990
- Gillis v. Hoechst Celanese Corp.Court of Appeals for the Third Circuit · 1993
- Hedges v. ObamaCourt of Appeals for the Second Circuit · 2013
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Boelter v. Hearst Communications, Inc.District Court, S.D. New York · 2016
- In re the Trusteeships Created by Tropic CDO I Ltd.District Court, S.D. New York · 2015
- Sabine Oil & Gas Corp. v. HPIP Gonzales Holdings, LLC (In re Sabine Oil & Gas Corp.)United States Bankruptcy Court, S.D. New York · 2016
- Smith v. Mikki More, LLCDistrict Court, S.D. New York · 2014
- Morrone v. Pension Fund of Local No. One, I.A.T.S.E.Court of Appeals for the Second Circuit · 2017
6 more not listed; retrieve them via the Exa API.