In previous years, the Court released ... (click to view)
Editor's Note :
In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- so we are again doubtful that certiorari will be granted in any cases today.
Issue: (1) Whether the Court of Appeals erred in upholding the Pension Benefit Guaranty Corporation’s post hoc rationalization in litigation that, under 29 U.S.C. § 1344(a)(3), a benefit derives from a plan provision “in effect” five years prior to termination only if the benefit was paid or payable at the start of the five-year period; and (2) whether the court of appeals erred in upholding the Pension Benefit Guaranty Corporation’s determination that, under 29 U.S.C. § 1344(a)(3), the benefit deriving from plan provisions “under which such benefit would be the least” is the mathematically lowest benefit amount existing during any of the five years before termination.