Judge Denies Remand To Plan Administrator To Determine Early Retirees' Benefits

Judge Denies Remand To Plan Administrator To Determine Early Retirees' Benefits

GREENVILLE, S.C. - A federal judge in South Carolina on July 2 denied a pension plan's motion to remand and alternative motion for reconsideration of the judge's earlier ruling that the anti-cutback provision of the Employee Retirement Income Security Act prevented a pension plan from enforcing an amendment that froze benefit accruals and eliminated a supplemental benefit payment to participants who elected to take early retirement, saying that the plan's plain language gave the participants the right to meet the eligibility requirements of the supplemental benefit (Noorali Sam Savani v. Washington Safety Management Solutions, LLC., et al., No. 1:06-cv-02805, D. S.C.; 2013 U.S. Dist. LEXIS 92755).

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