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MEAD CORP. v. TILLEY

No. 87-1868.

490 U.S. 714 (1989)

MEAD CORP. v. TILLEY ET AL.

Supreme Court of United States.

Decided June 5, 1989

Attorney(s) appearing for the Case

Patrick F. McCartan argued the cause for petitioner. With him on the briefs were Charles J. Faruki, Richard H. Sayler, Judith Boyers Gee, Keith Edward Hope, Leon E. Irish, and Glen D. Nager.

Clifford L. Harrision argued the cause for respondents. With him on the brief were Daniel D. Hamrick, James C. Turk, Jr., R. Louis Harrison, Jr., Robert T. Wandrei, and Edwin C. Stone.*

JUSTICE MARSHALL delivered the opinion of the Court.

Today we decide whether, upon termination of a defined benefit plan, § 4044(a) of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 1025, as amended, 29 U. S. C. § 1344(a) (1982 ed. and Supp. V), requires a plan administrator to pay plan participants unreduced early retirement benefits provided under the plan before residual assets may revert to an employer.

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