Legal Opinion

McDonald v. Pension Plan of the NYSA-ILA Pension Trust Fund

Court of Appeals for the Second Circuit

Decided June 6, 2006No. Docket Nos. 05-1435-cv(L); 05-1630-cv(CON); 05-1749-cv(XAP); 05-4140-cv(CON); 05-4288-cv(XAP)PublishedCited by 17 opinions

1Per curiam

After decisions by two different district court judges and a published opinion by this Court, this case, involving the computation of years of service under the Employment Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001 et seq. (“ERISA”), reaches us again with three questions remaining.1 First, did the *94district court correctly conclude that all of former-longshoreman James McDonald’s pre-ERISA years of service in excess of 400 hours should be carried over to the post-ERISA period to establish pension eligibility, and further, that no modification of the pension plan…

2Cases cited17 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Blum v. StensonSupreme Court of the United States · 1984
  3. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  4. New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
  5. Goldberger v. Integrated Resources, Inc.Court of Appeals for the Second Circuit · 2000

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3Cited by17 opinions

  1. James Mcdonald v. Pension Plan Of The Nysa-Ila Pension Trust FundCourt of Appeals for the Second Circuit · 2006
  2. Local Union No. 40 of the International Ass'n of Bridge v. Car-Win Construction Inc.District Court, S.D. New York · 2015
  3. Tucker v. City of New YorkDistrict Court, S.D. New York · 2010
  4. Nero v. Law Office of Sam Streeter, P.L.L.C.District Court, E.D. New York · 2009
  5. Cioffi v. New York Community BankDistrict Court, E.D. New York · 2006

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