Where disability benefits under a union pension plan were terminated, that decision should be upheld based on evidence that the beneficiary engaged in disqualifying employment when his construction supervisor and home improvement licenses were used to obtain permits for two construction projects.
Summary judgment for defendant pension fund affirmed.
“David A. Field appeals from the decision of the Massachusetts U.S. District Court denying his motion for summary judgment and granting the renewed motion for summary judgment of the appellee, Sheet Metal Workers’ National Pension Fund (‘the Fund’). … Field brought suit for plan benefits pursuant to ERISA Section 502(a)(1)(B), 29 U.S.C. §1132(a)(1)(B), arguing that the Fund wrongfully terminated his previously granted Disability Benefit. The District Court held that the Appeals Committee of the Board of Trustees of the Fund (‘Appeals Committee’) did not abuse its discretion and was not arbitrary or capricious in terminating his Disability Benefit payments based on the Committee’s findings that Field had engaged in Disqualifying Employment in 2016 and also that he had not completed sufficient hours of Covered Employment to become eligible for this benefit in the first place. We need reach only the first of the Committee’s findings because it is dispositive.
“Field argues that the Appeals Committee acted arbitrarily and capriciously and abused its discretion in determining that he had engaged in Disqualifying Employment in 2016...
COVINGTON, Ky. (WKRC) - Two Erlanger-based manufacturing companies agreed to pay $2.5 million to settle allegations they improperly obtained pandemic-era Paycheck Protection Program loans, federal...