Appeals Court Upholds GM ERISA Decision

Law360, New York (November 3, 2006, 12:00 AM EST) -- A U.S. Court of Appeals upheld a lower court decision this week that General Motors and its pension plans do not violate the Employment Retirement Income Security Act by deducting social security lump sums for employees’ pension pay.

James Northcutt and Lewis Smith brought the suit against GM, the GM Disability Plan and the GM Hourly-Rate Employees Pension Plan. The U.S. Court of Appeals for the Seventh Circuit decided the case Thursday after the men appealed a summary judgment from the U.S. District Court for the...
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