AARP Urges 2nd Circ. To Review ERISA Anti-Cutback Ruling

By Beverly Banks (May 5, 2022, 8:34 PM EDT) -- AARP backed seven workers' bid to have the full Second Circuit reevaluate a panel's decision concluding that a union's pension fund did not violate ERISA's anti-cutback rule by requiring employees to stop working before receiving early retirement benefits, arguing that the ruling contradicts U.S. Supreme Court precedent. 

In a brief filed Wednesday and dated April 22, AARP asked the Second Circuit to grant a petition from seven workers for an en banc rehearing of the court's March decision. The three-judge panel determined that the U.A. Plumbers and Steamfitters Local 22 Pension Fund did not violate the Employee Retirement Income Security Act's...

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