United States Fourth Circuit

Summary judgment for plaintiff, who sued defendant pension plan for denying him service credit on his pension for years when his employer was not a signatory to a collective bargaining, is reversed as the district court erred in importing imputed liability provisions from the Coal Act, which relates to retiree health benefits and does not apply to pension benefits.

Appellate Information

• Decided 12/04/2006
• Published 12/04/2006

Judges

• Before MICHAEL, Circuit Judge, N. CARLTON TILLEY, JR., Chief United States District Judge for the Middle District of North Carolina, sitting by designation, and THOMAS E. JOHNSTON, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kathleen Marie Dowd, United Mine Workers of America, Health and Retirement Funds, Washington, D.C., for Appellant.  Jeffrey Lynn Elkins, Adkins, Elkins & Hunnicutt, P.C., Norton, Virginia, for Appellee.   ON BRIEF:  Glenda Sullivan Finch, Deputy General Counsel, United Mine Workers of America, Health and Retirement Funds, Washington, D.C., for Appellant.