In a dispute involving pension benefits, district court judgment is affirmed where under ERISA an age is the normal retirement age because the pension plan’s text makes it so, and thus the statutory language allows employers to vary by contract aspects of pension plans and specify a normal retirement age that may differ from typical retirement patterns.
Read Fry v. Exelon Corp. Cash Balance Pension Plan, No. 08-1135
Appellate InformationAppeal from the United States District Court for the Northern District of Illinois, Eastern Division.Argued: April 3, 2009Decided: July 2, 2009
JudgesBefore EASTERBROOK, Chief Judge, and EVANS and SYKES, Circuit Judges.Opinion by EASTERBROOK, Chief Judge.
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