U.S. First Circuit - The FindLaw 1st Circuit Court of Appeals News and Information Blog

Tasker v. DHL Ret. Sav Plan, 09-2661

Tasker v. DHL Ret. Sav Plan, 09-2661, concerned a challenge to the district court's dismissal of plaintiff's claim, in plaintiff's ERISA suit claiming that defendants violated the anti-cutback rule when they eliminated his unexercised option to transfer funds from his profit-sharing plan account to his retirement plan.

In affirming the dismissal, the court held that the unambiguous language of the regulation, section 1.411(d)-4, Q&A(b)(2)(viii),  allowed the defendants to eliminate the transfer option.

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