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- Title
STATUTE OF LIMITATIONS; ADMINISTRATION-FORFEITED PENSION CREDITS.
- Authors
Hesse, Katherine A.; Ehrens, Doris R. MacKenzie
- Abstract
The article studies a case filed by George Daill, a sheet metal worker and pension plan participant, against Sheet Metal Workers' Local 73 Pension Plan. George Daill, a sheet metal worker and pension plan participant, sued to recover forfeited pension benefits. He was a union member from 1937 to 1949. He went to work for the city of Chicago, Illinois for the next 30 years before returning to work as a sheet metal worker. Before he left the union, he accrued 1274 pension credits. Under the plan, a participant earned one-quarter of a pension credit by working 133 hours in a calendar quarter or one unit of pension credit by working 532 hours in a year. Beginning in January 1982, Daill sent a series of letters to the fund seeking to restore the 12¾ pension credits forfeited because of his 30-year permanent break in service. On the merits of Daill's claim, the court of appeals held that the trustees' decision was reasonable and should not have been reversed. It was based on a reasonable interpretation of the plan's language. The participant did not recover his forfeited credits because he did not work for 12 consecutive quarters, and the plan's grace periods provisions were intended to prevent forfeiture due to a break in service, not to restore previously forfeited credits.
- Subjects
ACTIONS &; defenses (Law); LEGAL judgments; PENSIONS; DAILL, George; CREDIT
- Publication
Benefits Quarterly, 1999, Vol 15, Issue 1, p61
- ISSN
8756-1263
- Publication type
Article