DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
051695P.pdf 01/22/2007 Randy Erven v. Blandin Paper Co.
U.S. Court of Appeals Case No: 05-1695
U.S. District Court for the District of Minnesota - Duluth
[PUBLISHED] [Colloton, Author, with Riley and John R. Gibson,
Circuit Judges]
Civil case - ERISA. Plan administrator did not abuse its discretion in
refusing to use the set-back mortality tables as of August 1, 1994 in
calculating lump-sum benefit payments made between August 1, 1994
and August 1, 1996; however, the administrator did abuse its discretion in
failing to use a new actuarial table after the Pension Benefit Guaranty
Corporation clarified its regulations on August 1, 1996; case remanded
for further proceedings. Judge John R. Gibson, concurring in part and
dissenting in part.