Seventh Circuit -- Kenneth Carter v. Pension Plan of A Finkl

Kenneth Carter v. Pension Plan of A. Finkl

Where a pension plan starts windup but then reverses, an amendment to the Plan offering annuities on windup irrespective of employment status with the company:

(1) Doesn't violate ERISA, as it's nothing to do with retirement - workers are hoping to gain the annuity without retiring.

(2)  Doesn't violate the anti-cutback rules within the plan, as Administrator could reasonably rule that it was only triggered by the windup that didn't happen.

No error in calculation of certain kinds of bonuses as income for purposes of the plan, given longstanding practice of employer.

No success on the merits means no fee for you.