Lisbeth L. Garratt v. John S. Walker, Doing Business as John S. Walker, Dmd

U.S. Court of Appeals, Tenth Circuit · Decided 1998-12-09

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ON REHEARING EN BANC PAUL KELLY, Jr., Circuit Judge. We granted rehearing en banc and address when an employer in a Simplified Employee Pension (SEP) plan can condition another employee’s participation in the plan upon a reduction in salary without violating the anti-discrimination provision (§ 510) of ERISA, 29 U.S.C. § 1140 ? 1 The panel opinion aff…

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