United States Second Circuit
MCDONALD v. PENSION PLAN OF THE NYSA-ILA PENSION TRUST FUND, 01-9226, 01-9316
ERISA trumps a plan's break-in-service provision that limits the accrual of benefits arising from pre-ERISA employment. The district court acted well within its discretion in denying class-wide relief and it correctly calculated statutory penalties, but miscalculated photocopying expenses.
Appellate Information
- Decided 02/11/2003
- Published 02/11/2003
Judges
- B.D. PARKER, JR., Circuit Judge., Before: CALABRESI and B.D. PARKER, Circuit Judges, COTE, District Judge.
Court
- United States Second Circuit
Counsel
- For Appellees:
- Donato Caruso (C. Peter Lambos, Nicholas G. Maglaras of Lambos & Junge and Thomas W. Gleason, Ernest L. Mathews, Jr. of Gleason & Mathews, P.C. on the brief), Lambos & Junge, New York, NY, for Defendants-Appellants-Cross-Appellees., Edgar Pauk, New York, NY, for Plaintiff-Appellee-Cross-Appellant.