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BURMEISTER v. PENSION BEN. GUAR. CORP.

Civil Action No. 12-973(RMC).

943 F.Supp.2d 83 (2013)

Franklin J. BURMEISTER, et al., Plaintiffs, v. PENSION BENEFIT GUARANTY CORPORATION, Defendant.

United States District Court, District of Columbia.

May 6, 2013.

Attorney(s) appearing for the Case

Joan Torzewski, Harris Reny Torzewski, LPA, Toledo, OH, Wendy Lee Kahn, Zwerding, Paul, Kahn & Wolly, PC, Washington, DC, for Plaintiffs.

Kimberly J. Duplechain, Nicole Hagan, Pension Benefit Guaranty Corporation, Washington, DC, for Defendant.

OPINION

ROSEMARY M. COLLYER, District Judge.

What happens when a union and employer agree to change the employee pension plan but the plan never gets changed, the agreed change is dropped from the next contract, the employer goes bankrupt, and the Pension Benefit Guaranty Corporation takes over pension payments? In determining pension benefits, can PBGC rely on the formal plan documents and most recent collective...

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