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CINOTTO v. DELTA AIR LINES INC.

No. 10-14704.

674 F.3d 1285 (2012)

Jean Marie CINOTTO, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. DELTA AIR LINES INC., The Administrative Committee, The Administrative Subcommittee of Delta Air Lines, Inc., Lisa A. Brown, Cherie Caldwell, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 23, 2012.

Attorney(s) appearing for the Case

Lindsay Nako , Teresa Susan Renaker , Julie Hayden Wilensky , Lewis, Feinberg, Lee, Renaker & Jackson, PC, Oakland, CA, for Plaintiff-Appellant.

Patrick Connors DiCarlo , Alston & Bird, LLP, Atlanta, GA, for Defendants-Appellees.

Mary E. Signorille , AARP Foundation Litigation, Washington, DC, for AARP, Amicus Curiae.

Before CARNES and HULL, Circuit Judges, and ROTHSTEIN, District Judge.

HULL, Circuit Judge:

This appeal involves the anti-cutback rule in § 204(g) of the Employee Retirement Income Security Act of 1974 ("ERISA"), codified as 29 U.S.C. § 1054(g). Specifically, § 204(g)'s anti-cutback rule forbids, with a few exceptions, a pension plan amendment that decreases a participant's "accrued benefit." The particular pension plan here has always used a Social Security offset to reduce a participant's pension retirement benefits...

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