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MILLER v. XEROX CORP. RETIREMENT INCOME GUARANTEE

Nos. 04-55582, 04-55583.

464 F.3d 871 (2006)

Waldamar MILLER; Thomas H. Sudduth, Jr.; J. Denton Allen, individuals, Plaintiffs-Appellants, v. XEROX CORPORATION RETIREMENT INCOME GUARANTEE PLAN, an Employee Pension Benefit Plan; Xerox Corporation, a New York Corporation; Patricia Nazemetz, as Plan Administrator of the Xerox Corporation Retirement Income Guarantee Plan, Defendants-Appellees. Waldamar Miller; Thomas H. Sudduth, Jr.; J. Denton Allen, individuals, Plaintiffs-Appellants, v. Xerox Corporation Retirement Income Guarantee Plan, an Employee Pension Benefit Plan; Xerox Corporation, a New York Corporation; Patricia Nazemetz, as Plan Administrator of the Xerox Corporation Retirement Income Guarantee Plan, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2006.

Amended September 13, 2006.

Attorney(s) appearing for the Case

John A. Strain; Redondo Beach, CA, for the appellants.

Lisa Von Eschen, Robert W. Perrin, and Lauren E. Kim; Latham & Watkins; Los Angeles; CA, for the appellees.

Before HARRY PREGERSON, JOHN T. NOONAN, and SIDNEY R. THOMAS, Circuit Judges.

AMENDED OPINION

THOMAS, Circuit Judge.

OPINION

This appeal presents the question of whether a procedure used by Xerox Corporation ("Xerox") to reduce pension benefits at final retirement to account for earlier benefit distributions violates the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001 et seq. We conclude that Xerox's method violates ERISA, because it impermissibly reduces pension benefits by more than...

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