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Pension Plan's Interpretation of Break-In-Service Rules Upheld on Appeal
Wolters Kluwer Law & Business Link to more items from this source
June 3, 2013

"The appellate court affirmed the district's ruling regarding the pension fund's interpretation of the plan. The plan was not arbitrary and capricious when it interpreted plan terms to exclude the five-year period from 1969 to 1973 from his accrued benefit because of the break in service. The outcome of separate litigation regarding the plan's pre-ERISA break-in-service provision ... did not require the plan to adopt the participant's interpretation in this case." [Gannon v. NYSA-ILA Pension Trust Fund and Plan (2d Cir. 2013)]

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