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de LORAINE v. MEBA PENSION TRUST

No. 973, Docket 74-1096.

499 F.2d 49 (1974)

Joseph de LORAINE, Plaintiff-Appellant, v. MEBA PENSION TRUST, Representing the National Marine Engineers' Beneficial Association, and Mildred E. Killough, Individually and in her capacity as Administrator of the MEBA Pension Trust, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 14, 1974.

Attorney(s) appearing for the Case

E. Judson Jennings, New York City (Legal Services for the Elderly Poor, on the brief), for plaintiff-appellant.

Morton M. Maneker, New York City (Proskauer, Rose, Goetz & Mendelsohn, Robert J. Jossen, New York City, on the brief), for defendants-appellees.

National Senior Citizens Law Center, Robert B. Gillan, Los Angeles, Cal., as amicus curiae.

Before ANDERSON, FEINBERG and MANSFIELD, Circuit Judges.

FEINBERG, Circuit Judge:

Plaintiff Joseph de Loraine, a marine engineer, voluntarily retired from his trade in 1964 after 20 years service. He was then 46 years old. At the time, plaintiff signed a statement which described his retirement as permanent and recognized that any return to employment in the maritime industry without permission of the Trustees would entail forfeiture of his pension rights.1 Plaintiff

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