BLOEMKER v. LABORERS' LOCAL 265 PENSION FUND

No. 09-3536.

605 F.3d 436 (2010)

Richard L. BLOEMKER, Lynn G. Bloemker, Plaintiffs-Appellants, v. LABORERS' LOCAL 265 PENSION FUND, Board of Trustees Laborers' Local 265 Pension Fund, Stoner & Associates, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 19, 2010.


Attorney(s) appearing for the Case

ARGUED: Robert Armand Perez, Sr., The Perez Law Firm Co., L.P.A., Cincinnati, Ohio, for Appellants. Bernard William Wharton, McCaslin, Imbus & McCaslin, Cincinnati, Ohio, Patricia A. Shlonsky, Ulmer & Berne LLP, Columbus, Ohio, for Appellees. ON BRIEF: Robert Armand Perez, Sr., The Perez Law Firm Co., L.P.A., Cincinnati, Ohio, for Appellants. R. Gary Winters, McCaslin, Imbus & McCaslin, Cincinnati, Ohio, Patricia A. Shlonsky, Rebecca B. Jacobs, Ulmer & Berne LLP, Columbus, Ohio, Paul J. Cosgrove, Ulmer & Berne LLP, Cincinnati, Ohio, for Appellees.

SILER, J., delivered the opinion of the court, in which ROGERS, J., joined. BELL, D.J. (pp. 444-45), delivered a separate dissenting opinion.


OPINION

SILER, Circuit Judge.

Richard L. Bloemker1 received early retirement benefits from his employer-sponsored ERISA plan. After Bloemker received benefits for nearly two years, the actuary administering the plan notified Bloemker that the certified benefits calculation was incorrect, his monthly payments would be decreased to reflect the appropriate amount, and Bloemker would be required to repay the excess he had received...

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