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Pension Plan Amendment Pursuant to PPA Doesn't Violate Fifth Amendment
Bloomberg BNA Link to more items from this source
May 6, 2014
"A multiemployer pension plan in critical status didn't violate provisions of the U.S. Constitution when it was amended to eliminate an early-retirement subsidy as part of a rehabilitation plan filed pursuant to the Pension Protection Act, the U.S. District Court for the Eastern District of Washington ruled.... The court found that the although the rehabilitation plan was created pursuant to the PPA, it wasn't a result of state action and thus wasn't an improper taking of private property by a government actor or a violation of equal protection under the law guaranteed by the Fifth Amendment." [Arendt v. Wash.-Idaho-Mont. Carpenters-Emp'rs Ret. Trust Fund, No. CV-11-5135-LRS (E.D. Wash. May 02, 2014)]

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