RUPPERT v. ALLIANT ENERGY CASH BALANCE PENSION

No. 12-3067.

726 F.3d 936 (2013)

Lawrence G. RUPPERT and Thomas A. Larson, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. ALLIANT ENERGY CASH BALANCE PENSION PLAN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 9, 2013.

Rehearing and Rehearing En Banc Denied September 10, 2013.


Attorney(s) appearing for the Case

Eli Gottesdiener , Attorney, Gottesdiener Law Firm, Brooklyn, NY, for Plaintiffs-Appellees.

Amy L. Benson , Attorney, Bryan Cave, Denver, CO, Mark Casciari , Attorney, Seyfarth Shaw LLP, Chicago, IL, Jeffrey Scott Russell , Attorney, Bryan Cave, St. Louis, MO, for Defendant-Appellant.

Before POSNER, WOOD, and HAMILTON, Circuit Judges.


POSNER, Circuit Judge.

This is an appeal by the defendant in a class action suit brought by participants in a cash balance defined benefit pension plan, alleging that the plan as administered violated ERISA, and seeking recovery of benefits denied the participants as a consequence of the violation. 29 U.S.C. § 1132(a)(1)(B). The district judge granted summary judgment in favor of the class — actually classes, because the judge divided the class into two...

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