Battoni v. IBEW Local Union No. 102 Employee Pension Plan, No. 08-3743

In plaintiffs' ERISA action challenging an amendment to their welfare plan as an unlawful cutback of their accrued benefits under their pension plan, the judgment of the district court in favor of the plaintiffs is affirmed as the amendment violated the ERISA's Anti-Cutback rule, 29 U.S.C. section 1054(g), by constructively amending the pension plan in a manner that decreased an accrued benefit under that plan.   

Read Battoni v. IBEW Local Union No. 102 Employee Pension Plan, No. 08-3743

Appellate Information

On Appeal from the United States District Court for the Western District of New Jersey

Opinion Filed February 5, 2010

Judges

Before:  Scirica, Chief Judge, Barry and Smith, Circuit Judges

Opinion by Circuit Judge Smith

Counsel:

For Appellant:  Robert E. Bartkus, Dillion Bitar & Luther

For Appellee:  Michael T. Scaraggi, Oransky Scaraggi Borg & Abbamonte