Kessen v. Plumbers' Pension Fund, Local 130

MEMORANDUM OPINION AND ORDER

BUCKLO, District Judge.

Plaintiff, Joseph H. Kessen, was a plumber who in 1991 began receiving a pension under the Plumbers’ Pension Fund, Local 130 U.A. In 1993, Mr. Kessen’s pension was suspended on the ground that he was continuing to do plumbing work in violation of the terms of the Plan. After exhausting his administrative remedies, Mr. Kessen filed the present lawsuit, contending that the Trustees’ interpretation of the Plan was arbitrary and capricious, that the Trustees are estopped from their interpretation of the Plan by prior inconsistent statements made…