Cinotto v. Delta Air Lines, Inc., et al., No. 10-14704 (11th Cir. 2012)
Annotate this CaseThis appeal involved an anti-cutback rule in section 204(g) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1054(g). Specifically, section 204(g)'s anti-cutback rule forbid, with a few exceptions, a pension plan amendment that decreased a participant's "accrued benefit." At issue was whether this pension plan amendment violated the anti-cutback rule when it changed the calculation of that Social Security offset for participants who had not yet reached age 52, the plan's earliest retirement age, at the time of the amendment. The court held that it did not where Amendment Eight did not come within the scope of ERISA's anti-cutback rule and the anti-cutback rule protected only an accrued benefit from being reduced by plan amendment. The anti-cutback rule did not protect a mere expectation based on anticipated years of future employment. Accordingly, the court affirmed the judgment of the district court.
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