Legal Opinion

Bloemker v. Laborers' Local 265 Pension Fund

Court of Appeals for the Sixth Circuit

Decided May 19, 2010No. 09-3536PublishedCited by 63 opinions

1Opinion of the CourtSiler, J., joined by Rogers, J.,

BELL, D.J. (pp. 444-45), delivered a separate dissenting opinion.

OPINION

SILER, Circuit Judge.

Richard L. Bloemker1 received early retirement benefits from his employer-sponsored ERISA plan. After Bloemker received benefits for nearly two years, the actuary administering the plan notified Bloemker that the certified benefits calculation was incorrect, his monthly payments would be decreased to reflect the appropriate amount, and Bloemker would be required to repay the excess he had received. Bloemker filed suit, alleging that the plan and the actuary had breached a contractual agreement with…

2Cases cited21 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  3. Robert D. Sprague, Plaintiffs-Appellees/cross-Appellants v. General Motors Corporation, Defendant-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1998
  4. Virginia Armistead, Cross-Appellants v. Vernitron Corporation Aie--Division of Vernitron Group Insurance Plan, Cross-AppelleesCourt of Appeals for the Sixth Circuit · 1991
  5. Marita L. Curcio the Estate of Frederick Curcio, III v. John Hancock Mutual Life Insurance Company Capital Health Systems John Hancock Mutual Life Insurance Company ("John Hancock"), in No. 93-7545, Marita L. Curcio the Estate of Frederick Curcio, III v. John Hancock Mutual Life Insurance Company Capital Health Systems Marita L. Curcio, Individually and as of the Estate of Frederick Curcio, Iii, in No. 93-7556Court of Appeals for the Third Circuit · 1994

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3Cited by63 opinions

  1. Cataldo v. United States Steel Corp.Court of Appeals for the Sixth Circuit · 2012
  2. Randy Pearce v. Chrysler Grp. LLC Pension PlanCourt of Appeals for the Sixth Circuit · 2018
  3. DiGeronimo Aggregates, LLC v. Michael ZemlaCourt of Appeals for the Sixth Circuit · 2014
  4. Pension Benefit Guaranty Corp. v. Findlay Indus., Inc.Court of Appeals for the Sixth Circuit · 2018
  5. Deschamps v. Bridgestone Americas, Inc. Salaried Employees Retirement PlanCourt of Appeals for the Sixth Circuit · 2016

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