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BATTONI v. IBEW LOCAL UNION NO. 102

Nos. 08-3743, 09-2030, 08-3924.

594 F.3d 230 (2010)

Clement BATTONI, Jr.; Raymond Giuliano; James W. Vreeland; Raymond S. Demarco, Jr.; Mark F. Shubiak; Neil Battoni; Charles R. Waller, Appellees in 08-3743 and 09-2030 Cross-Appellants in 08-3924 v. IBEW LOCAL UNION NO. 102 EMPLOYEE PENSION PLAN; IBEW Local Union No 102 Employee Welfare Fund; John E. McHugh; Richard D. Lessner; Lewis S. Weinstock; Alan M. Golub; Regina Delesky; John Does 1-10; Jane Does 1-10; Trustees of the IBEW Local Union No 102 Employee Pension Plan and/or the IBEW Local Union No 102 Employee Welfare Fund, as Trustees and Individually, Appellants in 08-3743 and 09-2030 Cross-Appellees in 08-3924.

United States Court of Appeals, Third Circuit.

Filed February 5, 2010.

Attorney(s) appearing for the Case

Robert E. Bartkus, (argued), Robert W. Delventhal, Dillon, Bitar & Luther, Morristown, NJ, for Appellees in 08-3743 and 09-2030, Cross-Appellants in 08-3924.

Michael T. Scaraggi, (argued), Oransky, Scaraggi, Borg & Abbamonte, West Caldwell, NJ, for Appellants in 08-3743 and 09-2030, Cross-Appellees in 08-3924.

Before: SCIRICA, Chief Judge, BARRY, and SMITH, Circuit Judges.

OPINION

SMITH, Circuit Judge.

This appeal requires us to consider the scope of the Employee Retirement Income Security Act's ("ERISA") Anti-Cutback rule, 29 U.S.C. § 1054(g). Certain current and retired members of a union (the "Battoni Plaintiffs") challenged an amendment to their welfare plan (the "Disputed Amendment") as an unlawful cutback of their accrued benefits under their pension plan. We must determine whether the Disputed Amendment, which...

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