Legal Opinion

Foley v. International Brotherhood of Electrical Workers Local Union 98 Pension Fund

Court of Appeals for the Third Circuit

Decided November 8, 2001No. 00-2767, 00-4427UnknownCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

GREENBERG, Circuit Judge.

This matter comes on before this court on appeal from an order of the district court entering judgment in favor of appel-lee Edward J. Foley, Sr., and against the International Brotherhood of Electrical Workers Local Union 98 Pension Fund (the “Pension Fund” or the “Fund”). 1 Foley claims that the Pension Fund’s Board of Trustees (“Trustees”) improperly declined to grant him an exception to the pension Plan’s service eligibility provisions that would have permitted him to receive a higher level of benefits than that to which he otherwise was…

2Cases cited6 opinions

  1. Louis W. Epstein Family Partnership Levitz Furniture Corporation, Intervenor in D.C. v. Kmart CorporationCourt of Appeals for the Third Circuit · 1994
  2. Donald Orvosh, in 99-3589 v. The Program of Group Insurance for Salaried Employees of Volkswagen of America, Inc. The Volkswagen of America, Inc. Employee Benefit Plan Committee, Individually and as Plan Administrator of the Program of Group Insurance for Salaried Employees of Volkswagen of America, Inc. Volkswagen of America, Inc., in 99-3573Court of Appeals for the Third Circuit · 2000
  3. Sandra Hensley John Wiest, Jr. Donna Hohnstein Linda Onheiber, on Behalf of Themselves and All Others Similarly Situated v. Northwest Permanente P.C. Retirement Plan & Trust, a Defined Contribution Pension Plan Northwest Permanente P.C., an Oregon Corporation Retirement Plans Committee of the Northwest Permanente P.C. Retirement Plan & Trust, an Unincorporated Association Permanente Physicians Retirement Plan for Northwest Permanente P.C., a Defined Benefit Plan Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an Unincorporated Association, Sandra Hensley John Wiest, Jr. Donna Hohnstein Linda Onheiber, on Behalf of Themselves and All Others Similarly Situated v. Northwest Permanente P.C. Retirement Plan & Trust, a Defined Contribution Pension Plan Northwest Permanente P.C., an Oregon Corporation Retirement Plans Committee of the Northwest Permanente P.C. Retirement Plan & Trust, an Unincorporated Association Permanente Physicians Retirement Plan for Northwest Permanente P.C., a Defined Benefit Plan Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an Unincorporated Association, Sandra Hensley John Wiest, Jr. Donna Hohnstein Linda Onheiber, on Behalf of Themselves and All Others Similarly Situated, and Kate Burnham v. Northwest Permanente P.C. Retirement Plan & Trust, a Defined Contribution Pension Plan, Northwest Permanente P.C., an Oregon Corporation Retirement Plans Committee of the Northwest Permanente P.C. Retirement Plan & Trust, an Unincorporated Association Permanente Physicians Retirement Plan for Northwest Permanente P.C., a Defined Benefit Plan Administrative Committee of Permanente Physicians Retirement Plan for Northwest Permanente P.C., an Unincorporated Association, and Bank of California Na, National Banking Association, Trustee for Northwest Permanente Pc Retirement Plan and Trust. Kathleen Holahan, M.D., Fiduciary for Northwest Permanente Pc Retirement Plan & Trust Jan Collins, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Nicholas Demorgan, Md Fiduciary for Northwest Permanente Pc Retirement Retirement Plan & Trust Christopher P. Nelson, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Fred M. Nomura, Fiduciary for Northwest Permanente Pc Retirement Plan & Trust Harry Stathos, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Wiliam Ward, Md, Fiduciary for Northwest Permanente Pc Retirement Plan and Trust Ann Stenzel, Fiduciary for Northwest Permanente Pc Retirement Plan and TrustCourt of Appeals for the Ninth Circuit · 2001
  4. Nazay v. MillerCourt of Appeals for the Third Circuit · 1991
  5. Foley v. International Brotherhood of Electrical Workers Local Union 98 Pension FundDistrict Court, E.D. Pennsylvania · 2000

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3Cited by1 opinion

  1. Edward J. Foley, Sr. v. International Brotherhood of Electrical Workers Local Union 98 Pension Fund International Brotherhood of Electrical Workers, Local 98 Scott Ernsberger John J. Dougherty, in His Capacity as a Trustee and as an Officer and Business Manager of Local 98 Edward Nielson, in His Capacity as a Trustee and as an Officer of Local 98 Joseph Agresti, in His Capacity as a Trustee Thomas J. Reilly, Jr., in His Capacity as a Trustee Dennis Link, in His Capacity as a Trustee William Rhodes, in His Capacity as a Trustee Roy Dantz, in His Capacity as a Trustee Larry J. Bradley, in His Capacity as a Trustee Fred J. Compton International Brotherhood of Electrical Workers Local Union 98 Pension Fund, Scott Ernsberger, John J. Dougherty, in His Capacity as a Trustee, Edward Nielson, in His Capacity as a Trustee, Joseph Agresti, in His Capacity as a Trustee, Thomas J. Reilly, Jr., in His Capacity as a Trustee, Dennis Link, in His Capacity as a Trustee, William C. Rhodes, in His Capacity as a Trustee, Roy Dantz, in His Capacity as a Former Trustee, and Larry Bradley, in His Capacity as a Former Trustee (Collectively the "Defendants"), Edward J. Foley, Sr. v. International Brotherhood of Electrical Workers Local Union 98 Pension Fund International Brotherhood of Electrical Workers, Local 98 of America Scott Ernsberger John J. Dougherty, in His Capacity as a Trustee and as an Officer and Business Manager of Local 98 Edward Nielson, in His Capacity as a Trustee and as an Officer of Local 98 Joseph Agresti, in His Capacity as a Trustee Thomas J. Reilly, Jr., in His Capacity as a Trustee Dennis Link, in His Capacity as a Trustee William Rhodes, in His Capacity as a Trustee Roy Dantz, in His Capacity as a Trustee Lawrence J. Bradley, in His Capacity as a Trustee, and Fred ComptonCourt of Appeals for the Third Circuit · 2001

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