Andrew J. McBarron v. S & T Industries, Inc., Master Hourly Retirement Plan and S & T Industries, Inc.

KEITH, Circuit Judge.

This is an appeal by an employer, S & T Industries, Inc. and by the employer’s pension plan, the “Master Hourly Retirement Plan,” from a ruling by the United States District Court for the Western District of Kentucky. The issue presented is whether a key portion of the retirement plan, Section 4.06(b), violates sections of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001 et seq., which prevent an employee from forfeiting retirement benefits earned through an approved retirement plan. The employer contends that the employee, Andrew McBarron, was not…