In an ERISA action claiming that defendant’s benefit plan violated ERISA’s minimum benefit accrual rules, partial summary judgment for plaintiffs is reversed where the plan complied with ERISA’s minimum benefit accrual rules, and defendant did not violate ERISA’s section 204(h) notice requirements.

Read Lonecke v. Citigroup Pension Plan, No. 08-0459

Appellate Information

Argued: March 20, 2009

Decided: October 19, 2009

Judges

Opinion by Judge Wesley

Counsel

For Appellants:

Myron D. Rumeld, Proskauer Rose LLP, New York, NY

Lewis R. Clayton, Paul, Weiss, Rifkind, Wharton & Garrison, LLP, New York, NY

For Appellees:

Edgar Pauk, Law Office of Edgar Pauk, Esq., Brooklyn, NY

Brad Nelson Friedman, Milberg LLP, New York, NY

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