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SPITZLER v. NEW YORK POST CORP.

No. 657, Docket 79-7741.

620 F.2d 19 (1980)

Robert SPITZLER, Plaintiff-Appellant, v. NEW YORK POST CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 9, 1980.

Attorney(s) appearing for the Case

Murray A. Gordon, New York City (Gordon & Shechtman, P. C., New York City, on brief), for plaintiff-appellant.

Ira Lee Sorkin, New York City (Squadron, Ellenoff, Plesent & Lehrer, New York City, on brief), for defendant-appellee.

Before OAKES, VAN GRAAFEILAND and NEWMAN, Circuit Judges.

PER CURIAM:

The issue on this appeal is whether an employer violates the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. by contracting with its employee for a severance pay benefit calculated by taking a credit for the actuarial value, at the time of discharge, of an employee's vested interest in a pension plan. Robert Spitzler at age 47 was discharged by the New York Post Corporation1 after...

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