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MCCARTER v. RETIREMENT PLAN FOR DIST. MANAGERS

No. 07-4023.

540 F.3d 649 (2008)

Jean McCARTER, et al., Plaintiffs-Appellants, v. RETIREMENT PLAN FOR THE DISTRICT MANAGERS OF THE AMERICAN FAMILY INSURANCE GROUP, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 2, 2008.

Attorney(s) appearing for the Case

Andrea Bierstein (argued), Hanly Conroy Bierstein Sheridan Fisher & Hayes, New York, NY, for Plaintiffs-Appellants.

Todd G. Smith (argued), Kendall W. Harrison, Godfrey & Kahn, Madison, WI, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and RIPPLE and WOOD, Circuit Judges.

EASTERBROOK, Chief Judge.

American Family Insurance Group amended its pension plans in 1997 to allow participants to elect cash distributions (with values actuarially equal to the participants' vested pensions) when they leave its employ. As amended, the plans give workers 90 days to choose whether to take lump sums immediately or annuities when they reach retirement age. Plaintiffs exercised the lump-sum option. Now they regret their decisions and say that the plans...

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