Carter v. Pension Plan of A. Finkl & Sons Co. etc.

Dist. Ct. did not err in granting defendant-pension plan's motion for summary judgment in ERISA action alleging that defendant violated ERISA's and plan's anti-cutback provisions by denying plaintiffs-current employees' claims for annuity payments under terms of pension plan, even though plaintiffs asserted that they were entitled to said payments once defendant had taken steps to terminate pension plan. Record showed that while defendant took steps to terminate pension plan, it withdrew from said process before termination became final, so as to appropriately preclude plaintiffs from receiving said payments. Moreover, plaintiffs' right to said annuity payments while still employed is not protected by ERISA, and thus defendant's refusal to make said payments did not violated ERISA's anti-cutback provision.