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POMPANO v. MICHAEL SCHIAVONE & SONS, INC.

No. 788, Docket 81-7841.

680 F.2d 911 (1982)

Ralph POMPANO, Plaintiff-Appellant, v. MICHAEL SCHIAVONE & SONS, INC. and Revised Pension Plan of Michael Schiavone & Sons, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 4, 1982.

Attorney(s) appearing for the Case

William H. Clendenen, Jr., New Haven, Conn. (Clendenen & Lesser, New Haven, Conn., on the brief), for plaintiff-appellant.

Shaun S. Sullivan, New Haven, Conn. (Patrick M. Noonan, Wiggin & Dana, New Haven, Conn., on the brief), for defendant-appellees.

Before KAUFMAN, MANSFIELD and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

Appellee Michael Schiavone and Sons, Inc. ("Schiavone") had a pension plan for the benefit of its employees, one of whom was appellant Ralph Pompano. When Pompano reached retirement age (65) after 36 years as an employee of Schiavone, he sought a single lump sum payment which, under Article IV § 2 of the plan, was one of the optional modes of settlement a participant could elect "[i]n lieu of the normal pension to which he would otherwise...

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