Legal Opinion · Dissent
Alfred Digiacomo v. Teamsters Pension Trust Fund of Philadelphia and Vicinity
Court of Appeals for the Third Circuit
Decided August 24, 2005No. 04-3510PublishedCited by 20 opinions
1DissentAlito, Circuit Judge
OPINION OF THE COURT
GARTH, Circuit Judge.
Alfred DiGiacomo was a member of the Teamsters Union and a participant in the Teamsters Pension Trust Fund of Philadelphia and Vicinity (the “Fund”) (the ap-pellee here). In computing DiGiaeomo’s accrued pension benefits, the Fund disregarded some 10.5 years of his service time rendered prior to the passage of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001 et seq. In so doing, the Fund relied on certain break-in-service provisions in its governing pension plan, which explicitly permitted the Fund to exclude DiGiacomo’s…
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- Tobye R. Markowitz, Individually and on Behalf of All Others Similarly Situated v. Northeast Land Company. Appeal of Tobye R. MarkowitzCourt of Appeals for the Third Circuit · 1990
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