United States Second Circuit

Where plaintiff received all the pension benefits to which he was entitled under ERISA, and where defendants did not violate the 133 1/3 percent accrual test set forth in ERISA section 204(b)(1)(B) by pro rating his monthly benefit in accordance with the Plan's separation provisions, summary judgment to defendant is affirmed.

Appellate Information

• Decided 05/06/2003
• Published 05/06/2003

Judges

• RAKOFF, District Judge., Before:  VAN GRAAFEILAND and B.D. PARKER, Circuit Judges, and RAKOFF, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Edgar Pauk, New York, N.Y. (Scott Riemer on brief), for Plaintiff-Appellant.


• For Appellees:
  
• Eugene S. Friedman, Friedman & Wolf, New York, N.Y. (William K. Wolf and Erinn Weeks Waldner on brief), for Defendants-Appellees.