Phillips v. BRINK'S CO.

OPINION

JAMES P. JONES, Chief Judge.

In this ERISA case, the administrator of a pension plan mistakenly failed for almost seven years to deduct from the plaintiffs monthly disability benefit the value of his union pension. I hold that the administrator’s interpretation of the plan allowing it to make such deductions is reasonable, but that equitable considerations now prevent it from recouping the amounts previously paid in error.

I

The plaintiff in this action, Harold Kenneth Phillips, asserts claims against the defendants, The Brink’s Company (“Brink’s”) and The Brink’s Company…