Smith v. Local 819 I.B.T. Pension Plan
Court of Appeals for the Second Circuit
1Opinion of the Court
JACOBS, Circuit Judge.
Local 819 I.B.T. Pension Plan and its Board of Trustees (the “Trustees”) are defendants in a putative class action brought by plan participant Esther Smith, alleging that the plan has been non-compliant with the Employment Retirement Income Security Act of 1974 (“ERISA”) since 1976 (and non-compliant with state law as well), and that these deficiencies were uncorrected or insufficiently cured by a 1997 revision made by the Plan and its Trustees in response to earlier litigation. The Plan and its Trustees appeal from the judgment of the United States District Court for…
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