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HEINZ v. CENTRAL LABORERS' PENSION FUND

No. 00-3314.

303 F.3d 802 (2002)

Thomas E. HEINZ and Richard J. Schmitt, Jr., Plaintiffs-Appellants, v. CENTRAL LABORERS' PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 2002.

Attorney(s) appearing for the Case

Gery R. Gasick (Argued), Peoria, IL, for Plaintiffs-Appellants.

Patrick J. O'Hara (Argued), Cavanagh & O'Hara, Springfield, IL, Jeffrey M. Wilday, Brown, Hay & Stephens, Springfield, IL, for Defendant-Appellee.

Before CUDAHY, ROVNER, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

We are asked to decide whether a pension plan amendment which expands the types of post-retirement employment that trigger mandatory suspension of early retirement benefits violates ERISA's "anti-cutback" rule, 29 U.S.C. § 1054(g), when applied to suspend the benefits of the plaintiffs, who retired before the amendment. The district court, relying on Spacek v. Maritime Ass'n, 134 F.3d 283 (5th...

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