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Pension Payout Doesn't Preclude ERISA Suit: 9th Circ.

Law360 (September 22, 2008, 12:00 AM EDT) -- Following in the footsteps of six other circuit courts, an appeals court has decided that a former employee who has received full distribution of his account balance in a defined contribution pension plan can still file suit under the Employee Retirement Income Security Act.

Judge Judge Betty B. Fletcher of the U.S. Court of Appeals for the Ninth Circuit ruled Friday that an employee who has received full distribution can still allege that the balance should have been higher.

The opinion puts the Ninth Circuit in...
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