Opinion

Coar v. Kazimir

  • 990 F.2d 1413
  • 16 Employee Benefits Cas. (BNA) 1904
  • 1993 U.S. App. LEXIS 7817
  • 1993 WL 113533
Court
Court of Appeals for the Third Circuit
Filed
Apr 15, 1993
Status
Published
On the bench
Alito, Becker, Cowen, Greenberg, Hutchinson, Lewis, Mansmann, Nygaard, Roth, Scirica, Sloviter, Stapleton, Weis
Cited by
54 cases

finding Section 206(d)’s governing regulations “specifically exclude from ERISA’s anti-alienation bar actions by the pension plan itself to . . . recover debts owed by the participant to the plan as a result of a prior over- payment of benefits”

How later courts described this case

  • finding Section 206(d)’s governing regulations “specifically exclude from ERISA’s anti-alienation bar actions by the pension plan itself to . . . recover debts owed by the participant to the plan as a result of a prior over- payment of benefits”
  • noting that “we do not believe that Congress intended the anti-alienation provision to dilute the potential relief available to pension beneficiaries. Instead, we read section 206(d)(1
  • stating that section 1109(a) “expressly states that the trustee who violates a fiduciary duty to the plan must make good to the plan”
  • holding anti-alienation clause does not protect the benefits of a beneficiary who breached a fiduciary duty to the fund

Written by the judges who cited it.

The opinion

SUR PETITION FOR REHEARING

May 11, 1993.

Before: SLOVITER, Chief Judge, and BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, and WEIS, Circuit Judges.

The petition for rehearing filed by the appellee-cross appellant Robert J. Coar in the above captioned matters having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the court in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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