Subscribe Now!
Free Daily News, Jobs, Webcasts, Discussions
Display and Distribute
Your Job Openings
ARPA Webcasts

Featured Jobs

Principal Legal Content Specialist - Benefits

Bloomberg Industry Group
(Telecommute / Arlington VA)

Bloomberg Industry Group logo

401(k) Plan Administrator

Pension Investors Corp
(Telecommute / Hollywood FL)

Pension Investors Corp logo

Retirement Plan Administrator

My Benefits, LLC
(Telecommute / Daphne AL / Atlantic Beach FL)

My Benefits, LLC logo

401(k) Retirement Plan Administrator

BDS Consulting Group
(Worcester MA)

Defined Benefit Plan Administrator

Pension Investors Corp of Orlando Inc
(Telecommute / Altamonte Springs FL)

Pension Investors Corp of Orlando Inc logo

Benefits Associate

Littler Mendelson, P.C.
(Philadelphia PA / Los Angeles CA)

Littler Mendelson, P.C. logo

Client Services Manager

Pinnacle, An NPPG Company
(Delray Beach FL)

401(k) Retirement Plan Administrator

Heritage Pension Advisors, Inc.
(Telecommute / Commack NY)

Heritage Pension Advisors, Inc. logo

Implementation Specialist

Ubiquity Retirement + Savings
(Telecommute / San Francisco CA)

Ubiquity Retirement + Savings logo

Free Daily News and Jobs

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile App image LinkedIn icon
Twitter icon
Facebook icon

<< Previous news item   |   Next news item >>

Third Circuit Rules That an Amendment to a Welfare Plan Violates ERISA's Anti-Cutback Rule
ERISA Lawyer Blog Link to more items from this source
[Guidance Overview]
Feb. 10, 2010
Excerpt: According to the Court, the Anti-Cutback rule states: 'The accrued benefit of a participant under a [pension] plan may not be decreased by an amendment of the plan'. To violate the Anti-Cutback rule, a pension plan must be amended, and the amendment must decrease an accrued benefit. The lump sum payment lost due to the Disputed Amendment is an accrued benefit. The Disputed Amendment amended a welfare benefit plan, which is not subject to the Anti-Cutback Rule. However, the Disputed Amendment constructively amended the pension plan. This obtains because the Disputed Amendment added a condition to the receipt of an accrued benefit under the pension plan.

Please click here to report this link if it is broken (for example, if you see a "404 File Not Found" error message after you click on the link above).
An important word about authorship: BenefitsLink® is providing a hypertext link to the item shown above, but is not the author of the item (unless otherwise specified).
© 2021, Inc.