WETZLER v. IL CPA SOC. & FOUND. RET. INCOME PLAN

No. 08-2923.

586 F.3d 1053 (2009)

Thomas R. WETZLER, Plaintiff-Appellant, v. ILLINOIS CPA SOCIETY & FOUNDATION RETIREMENT INCOME PLAN and Plan Administrator for the Illinois CPA Society & Foundation Retirement Income Plan, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 10, 2009.


Attorney(s) appearing for the Case

Patrick J. O'Hara (argued), Cavanagh & O'Hara, Springfield, IL, for Plaintiff-Appellant.

William P. Hardy (argued), Hinshaw & Culbertson, Springfield, IL, for Defendants-Appellees.

Before MANION and KANNE, Circuit Judges, and KENDALL, District Judge.


KENDALL, District Judge.

After working twenty-two years, Plaintiff Thomas Wetzler ("Wetzler") wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society & Foundation Retirement Income Plan (the "Plan"). At the time of his request, there were not enough assets in the Plan to cover his lump-sum payment. His request would have put the small plan in the hole and in violation of the Internal Revenue Code. Explaining that its obligations...

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