[DOWNLOAD] "Costantino V. Trw Inc." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

eBook details

Title: Costantino V. Trw Inc.
Author : United States Court Of Appeals For The Sixth Circuit
Release Date : January 10, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 68 KB

Description

NATHANIEL R. JONES, Circuit Judge. This class action challenges Defendants' calculation of Plaintiffs' early retirement benefits under Defendants' pension plan. Plaintiffs claim that the retroactive application of interest rates established in section 1139 of the Tax Reform Act of 1986 was unconstitutional, denying them the proper amount of their vested early retirement benefit. Alternatively, Plaintiffs argue that even if the retroactive application of these rates was constitutional, Defendants improperly calculated Plaintiffs' benefits in violation of Section 204(g) of the Employment Retirement Income Security Act (ERISA) (29 U.S.C. § 1054(g)), and I.R.C. § 411(d)(6), both of which prohibit employers from amending pension plans to eliminate or decrease early retirement benefits or subsidies.*fn1 Defendants respond that Plaintiffs' claims should be dismissed due to Plaintiffs' failure to exhaust administrative remedies, and that the benefits in question were properly calculated.