Legal Opinion
Harris Cohen v. Martin's, a New York Corporation
Court of Appeals for the Second Circuit
Decided November 29, 1982No. 277, Docket 82-7401PublishedCited by 11 opinions
1Per curiam
Cohen appeals from a judgment dismissing his complaint which alleged that Martin’s unlawfully terminated his retirement benefits. Cohen contends that his pension rights were vested and nonforfeitable pursuant to the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. §§ 1001-1461, although he retired before the relevant provisions of the Act became effective. Because we believe that the mandatory vesting standards of ERISA apply only to persons who were actually employed on their effective date, here January 1, 1976, we affirm.
The relevant facts may be recounted briefly. Cohen…
2Cases cited12 opinions
- Alessi v. Raybestos-Manhattan, Inc.Supreme Court of the United States · 1981
- Nachman Corp. v. Pension Benefit Guaranty CorporationSupreme Court of the United States · 1980
- William J. Riley v. Meba Pension TrustCourt of Appeals for the Second Circuit · 1977
- James J. Reiherzer v. Daniel J. Shannon, and Central States, Southeast and Southwest Areas Pension FundCourt of Appeals for the Seventh Circuit · 1978
- Ralph Pompano v. Michael Schiavone & Sons, Inc. And Revised Pension Plan of Michael Schiavone& Sons, Inc.Court of Appeals for the Second Circuit · 1982
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Pollis v. New School for Social ResearchDistrict Court, S.D. New York · 1993
- Westwood Chemical Co., Inc. v. KulickDistrict Court, S.D. New York · 1983
- England v. Marriott International, Inc.District Court, D. Maryland · 2011
- Lamontagne v. Pension Plan Of The United Wire, Metal & Machine Pension FundCourt of Appeals for the Second Circuit · 1989
- Bruchac v. Universal Cab. Co.District Court, N.D. Ohio · 1984
6 more not listed; retrieve them via the Exa API.