Nastro v. Local 807 Labor-Management Pension Fund

755 F. Supp. 557, 1991 U.S. Dist. LEXIS 1134, 1991 WL 8865
CourtDistrict Court, E.D. New York
DecidedJanuary 29, 1991
DocketNo. 89-CV-343
StatusPublished
Cited by1 cases

This text of 755 F. Supp. 557 (Nastro v. Local 807 Labor-Management Pension Fund) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nastro v. Local 807 Labor-Management Pension Fund, 755 F. Supp. 557, 1991 U.S. Dist. LEXIS 1134, 1991 WL 8865 (E.D.N.Y. 1991).

Opinion

DECISION AND ORDER

BARTELS, District Judge.

The plaintiff, Pasquale Nastro (“Nas-tro”), filed this suit pursuant to the Employment Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq. Nas-tro alleges, among other things, that the defendant Local 807 Health and Pension Funds (“Local 807 Pension Fund”),1 under direction of the individually named defendants as trustees (the “trustees”) (jointly the “defendants”), violated numerous sections of ERISA, to wit: the claims provision, 29 U.S.C. § 1133; the reporting and disclosure provision, 29 U.S.C. §§ 1024(b) and 1132(c); the suspension of benefits provision, 29 U.S.C. § 1133(1); the fiduciary responsibility provision, 29 U.S.C. § 1104(a)(1)(D); and the anti-interference provision, 29 U.S.C. § 1140. Plaintiff moves for summary judgment on the complaint.

BACKGROUND

In March 1983, Nastro, age 43, applied for a Service Pension — Under Age 55 (“Service Pension”) from Local 807’s Pension Fund and was awarded the same effective April 1, 1983. In order to be eligible for a Service Pension Nastro had to have earned at least 25 years of pension credit with either Local 807’s Pension Fund or the Pension Fund of Local 707, and completely withdraw from any employment in the industry he was employed in at the time of his retirement, to wit: the trucking industry.2 Effective July 1, 1986, Nastro’s Service Pension was suspended. The events surrounding the suspension of Nastro’s benefits constitute the gravamen of this complaint.

Briefly, Nastro alleges that the defendants violated ERISA’s provisions regarding the suspension of benefits because they suspended his Service Pension without any notice, laying aside written notice.3 Nastro also maintains that the trustees violated [559]*559the fiduciary responsibility provisions of ERISA by failing to provide him written notice when they suspended his Service Pension. Beginning in 1988, Nastro’s counsel, in an effort to ascertain why Nas-tro’s benefits were suspended, made numerous and copious written requests for documents and information which, Nastro maintains, the defendants willfully refused to provide. This conduct, Nastro claims, constitutes a violation of the reporting and disclosure provisions of ERISA. Finally, Nastro maintains that the defendants have violated the anti-discrimination provision of ERISA by their refusal to fully and completely comply with his request for documents and information.

DISCUSSION

It is well settled that summary judgment is appropriate only when it appears plain from the record that “there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(e); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Lund’s Inc. v. Chemical Bank, 870 F.2d 840, 844 (2d Cir.1989). Furthermore, the court is required to resolve all ambiguities and doubtful inferences against the moving party. Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 2513-14, 91 L.Ed.2d 202 (1986).

On this motion for summary judgment the Court notes that much of the relevant factual background is sharply disputed.4 Rather than review all the conflicting factual minutia contained in the voluminous exhibits submitted by both parties in connection with this motion the Court will address only those facts which are necessary to resolve the pending motion.

Participant Status

“Although [ERISA] has a broad remedial purpose, only participants [and] ben-eficiaries5 ... may avail themselves of its protection. 29 U.S.C. § 1332(a).” Mitchell v. Mobil Oil Corp., 896 F.2d 463, 473 (10th Cir.1990); Brown v. Stenger, No. 85-4073, 1988 WL 70603 (E.D.N.Y. May 25, 1988) (LEXIS, Genfed library, Dist file). As a threshold matter, therefore, the Court must determine if Nastro is a participant.

Under ERISA, “participant” means any employee or former employee of an employer, or any member or former member of an employee organization, who is or may become eligible to receive a benefit of any type from an employee benefit plan which covers employees of such employer or members of such organization, or whose beneficiaries may be able to receive any such benefit.

29 U.S.C. § 1002(7). In Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101, 117, 109 S.Ct. 948, 957-958, 103 L.Ed.2d 80 (1989), the Supreme Court elaborated on the definition stating:

In our view, the term “participant” is naturally read to mean ... former employees ... who have “a colorable claim” to vested benefits. In order to establish that “he may become eligible” for benefits, a claimant must have a colorable claim that (1) he will prevail in a suit for benefits, or that (2) eligibility requirements will be fulfilled in the future.

Explicit in the Supreme Court’s definition of “participant” is the requirement that the plaintiff prove either that his right to a retirement pension has vested or will vest. See Teagardener v. Republic-Franklin Inc. Pension Plan, 909 F.2d 947, 952 (6th Cir.1990). Accordingly, the facts and circumstances surrounding Nastro’s employment history, which are not undisputed, are critical to this Court’s determination.

Nastro’s employment history with respect to his eligibility for a Service Pension is a conundrum. Virtually all of the rele[560]*560vant facts are disputed. Nastro contends that in 1983, he retired from the trucking industry with the requisite number of pension credits (8 and lk years of credit with Local 707’s Pension Fund and 16 and % years of credit with Local 807’s Pension Fund). The defendants maintain that Nas-tro was awarded a Service Pension on the basis of false information contained in his application to the Local 807 Pension Fund.

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Bluebook (online)
755 F. Supp. 557, 1991 U.S. Dist. LEXIS 1134, 1991 WL 8865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nastro-v-local-807-labor-management-pension-fund-nyed-1991.