Cawley v. NMU Pension and Welfare Plan

OPINION

SAND, District Judge.

Plaintiff, a disabled seaman, seeks a declaratory judgment that he was wrongfully denied a pension by defendant NMU Pension and Welfare Plan (“Plan”). Plaintiff seeks monetary relief for the amount due together with attorneys’ fees, interest and costs. Defendant, on the other hand, argues that the Trustees acted within their authority, and pursuant to valid regulations, in denying plaintiff’s application for pension benefits. Both sides have moved for summary judgment. For the reasons set out below, defendant’s cross-motion for summary judgment is granted.

FACTS

Plain…