Legal Opinion

Vail v. Plumbers, Pipe Fitters & Apprentices Local Number 112 Pension Fund

District Court, N.D. New York

Decided January 22, 2001No. 3:99-cv-01878Published

1Opinion of the Court

MEMORANDUM — DECISION & ORDER

McAVOY, District Judge.

Plaintiff T. Edward Vail commenced the instant action pursuant to section 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1132(a)(1)(B), contending that he did not incur a break in service and, thus, is entitled to additional benefits under his pension plan (the “plan”). Plaintiff seeks a money judgment for the difference between the benefits that has received to date and the amount of benefits to which he claims he is entitled based upon a recalculation of benefits excluding any break in service.…

2Cases cited9 opinions

  1. Martha Kinstler v. First Reliance Standard Life Insurance CompanyCourt of Appeals for the First Circuit · 1999
  2. John Carey v. International Brotherhood of Electrical Workers Local 363 Pension PlanCourt of Appeals for the Second Circuit · 1999
  3. Miles v. New York State Teamsters Conference Pension & Retirement Fund Employee Pension Benefit PlanCourt of Appeals for the Second Circuit · 1983
  4. Roman v. Cornell UniversityDistrict Court, N.D. New York · 1999
  5. Jeffrey A. Walker v. David JastremskiCourt of Appeals for the Second Circuit · 1998

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