In plaintiffs' ERISA action challenging an amendment to their welfare plan as an unlawful cutback of their accrued benefits under their pension plan, the judgment of the district court in favor of the plaintiffs is affirmed as the amendment violated the ERISA's Anti-Cutback rule, 29 U.S.C. section 1054(g), by constructively amending the pension plan in a manner that decreased an accrued benefit under that plan.
On Appeal from the United States District Court for the Western District of New Jersey
Opinion Filed February 5, 2010
Opinion by Circuit Judge Smith
For Appellant: Robert E. Bartkus, Dillion Bitar & Luther
For Appellee: Michael T. Scaraggi, Oransky Scaraggi Borg & Abbamonte