WESTERN UNION INTERNATIONAL, INC., ET AL.

v.

AMATO ET AL.

Citator

Cited By (35 total)

• Mead Corp. v. Tilley, 490 U.S. 714 (U.S. 1989)
  …XIII, § 4(f), of the Plan. The Court of Appeals for the Fourth Circuit reversed. 815 F. 2d 989 (1987). Adopting the reasoning of the Court of Appeals for the Second Circuit in Amato v. Western Union Int’l, Inc., 773 F. 2d 1402 (1985), cert. dism’d, 474 U. S. 1113 (1986), the court concluded that before plan assets may revert to an employer, § 4044(a)(6) requires payment of early retirement benefits to plan participants “even if those benefits were not accrued at the time of termination.” 815 F. 2d, at 991. T…

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• Musto v. Am. Gen. Corp., 861 F.2d 897 (6th Cir. 1988)
  …nc., 596 F.Supp. 963, 968 (S.D.N.Y.1984) (employer that is also plan administrator “wears two hats,” and is only to be judged as a fiduciary when functioning as a plan administrator), modified, 773 F. 2d 1402, 1416-17 (2d Cir.1985), cert. dismissed, 474 U.S. 1113, 106 S.Ct. 1167, 89 L.Ed.2d 288 (1986). [*912] Moore and Sutton both happen to have involved pension plans, but the principle articulated in those cases applies with at least as much force to welfare plans such as those at issue here. See Viggiano v…

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• Hozier v. Midwest Fasteners, Inc., 908 F.2d 1155 (3d Cir. 1990)
  …e employer’s] corporate offices.”); Amato v. Western Union International, Inc., 773 F. 2d 1402, 1417 (2d Cir.1985) (“[The] officers acted on behalf of a corporate employer and not as Plan fiduciaries in amending its pension plan.”), cert. dismissed, 474 U.S. 1113, 106 S.Ct. 1167, 89 L.Ed.2d 288 (1986). We know of no decision by any court of appeals to the contrary. Our own cases have suggested as much. In Viggiano v. Shenango China Division, 750 F. 2d 276 (3d Cir.1984), we stated that “ERISA does not requ…