FISHER v. PENSION BEN. GUAR. CORP.

No. 20-7063.

994 F.3d 664 (2021)

Joseph V. FISHER, Appellant, v. PENSION BENEFIT GUARANTY CORPORATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 20, 2021.


Attorney(s) appearing for the Case

Alison S. Gaffney argued the cause for appellant. With her on the briefs were David S. Preminger , George M. Chuzi , and Lynn Lincoln Sarko .

Kenneth J. Cooper , Assistant General Counsel, Pension Benefit Guaranty Corporation, argued the cause for appellee. With him on the brief was Mark R. Snyder , Attorney.

Before: Rogers and Katsas, Circuit Judges, and Sentelle, Senior Circuit Judge.


This case concerns the Pension Benefit Guaranty Corporation's ("PBGC") 2016 denial of appellant's request for lumpsum payment of his pension benefits. After the district court vacated PBGC's 2011 denial of the same request, PBGC's 2016 remand decision featured a new rationale for denial based on 29 C.F.R. § 4044.4(b)...

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