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|ERISA Bars Pension Plan's 'Break-in-Service' Exclusion|
Aug. 29, 2005
Excerpt: Under ERISA, the calculation of a worker's pension benefits cannot exclude a period of work due to a 'break in service' -- even if that first stretch of work occurred before ERISA was passed -- a divided panel of the 3rd U.S. Circuit Court of Appeals has ruled. The 3rd Circuit's 27-page opinion in DiGiacomo v. Teamsters Pension Trust Fund of Philadelphia and Vicinity sharpens an existing split in the circuits.
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