Bloemker v. Laborers' Local 265 Pension Fund
Court of Appeals for the Sixth Circuit
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…
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