Essex Group, Inc. v. Nill

HOFFMAN, Judge.

Defendant-appellant Essex Group, Inc. appeals from a summary judgment in favor of defendant-appellee Richard Nill. In granting summary judgment, the Allen Superior Court determined that Nill was entitled to a lump sum distribution of the monies in a pension auxiliary fund credited to him.

The pension plan which is the subject of the instant dispute was created in 1961 when Nill, as president of Fort Wayne Tool and Die, Inc., negotiated a Trust Agreement to provide retirement and death benefits to salaried employees of the company. The Trust Agreement required the Trustee to…