Ralph Pompano v. Michael Schiavone & Sons, Inc. And Revised Pension Plan of Michael Schiavone& Sons, Inc.

CARDAMONE, Circuit Judge:

Appellee Michael Schiavone and Sons, Inc. (“Schiavone”) had a pension plan for the benefit of its employees, one of whom was appellant Ralph Pompano. When Pompano reached retirement age (65) after 36 years as an employee of Schiavone, he sought a single lump sum payment which, under Article IV § 2 of the plan, was one of the optional modes of settlement a participant could elect “[i]n lieu of the normal pension to which he would otherwise be entitled.” The plan provided that the lump sum option was available only with the “prior approval of the [Pension] Committee.”

Whe…