Iron Workers Mid-South Pension Fund v. Stoll

ORDER AND REASONS

CHARLES SCHWARTZ, Jr., District Judge.

This matter is before the Court on MOTION FOR SUMMARY JUDGMENT filed on behalf of the plaintiff, IRON WORKERS MID-SOUTH PENSION FUND [“Fund”], seeking a declaration as a matter of law determining the proper recipient(s) to the Death Benefit due under the terms of the PLAN. The matter was set for oral hearing on August 21st, 1991, but was submitted on the briefs.

I. PROCEDURAL BACKGROUND.

Plaintiff Fund bought this declaratory judgment action to determine entitlement to benefits under the terms of the Iron Workers Mid-South Pension Plan and…