Finn v. CHICAGO NEWSPAPER PUBLISHERS'ASSOCIATION-DRIVERS UNION PENSION PLAN

DECISION

McMILLEN, District Judge.

Defendant has filed a motion to dismiss the complaint in the above case pursuant to F.R.C.P. 12(b)(6). Count One is based upon E.R.I.S.A. and complains about the failure to pay benefits under the Pension Plan for injuries sustained on September 12, 1974. We find and conclude that this claim is barred by the provisions of 29 U.S.C. § 1144.

The plaintiff’s claim is filed under Title I, § 502(a)(1)(B). Both parties agree that this claim is subject to the limitation of 29 U.S.C. § 1144 which provides as follows:

* * * * * *(b)(1) This section [which previously…