Legal Opinion
Harry BELLAS, v. CBS, INC.; Westinghouse Pension Plan, Appellants
Court of Appeals for the Third Circuit
Decided August 14, 2000No. 99-3775PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
GREENBERG, Circuit Judge.
I. INTRODUCTION
This matter has been certified for interlocutory appeal to address a question of first impression in this court, i.e., whether a permanent job separation benefit contained within a pension plan constitutes an early retirement benefit or retirement-type subsidy protected by the anti-cutback provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., as amended by the Retirement Equity Act of 1984 (“REA”) and the Omnibus Reconciliation Act of 1987. The district court had jurisdiction pursuant…
2Cases cited23 opinions
- Christensen v. Harris CountySupreme Court of the United States · 2000
- Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
- Gillis v. Hoechst Celanese Corp.Court of Appeals for the Third Circuit · 1993
- Michael A. Costantino, on Behalf of the Class of v. Trw, Inc. Jake Schoepler, Secretary, Board of Administrators Trw Salaried Pension PlanCourt of Appeals for the Sixth Circuit · 1994
- Hlinka v. Bethlehem Steel Corp.Court of Appeals for the Third Circuit · 1988
18 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- John Cottillion v. United Refining CoCourt of Appeals for the Third Circuit · 2015
- American Express Company and Affiliated Subsidiaries v. United StatesCourt of Appeals for the Federal Circuit · 2001
- Kifafi v. Hilton Hotels Retirement PlanDistrict Court, District of Columbia · 2009
- Laurenzano v. Blue Cross & Blue Shield of Massachusetts, Inc. Retirement Income TrustDistrict Court, D. Massachusetts · 2001
- Thornton v. Graphic Communications Conference of the International Brotherhood of Teamsters Supplemental Retirement & Disability FundCourt of Appeals for the Sixth Circuit · 2009
38 more not listed; retrieve them via the Exa API.