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COHEN v. MARTIN'S

No. 277, Docket 82-7401.

694 F.2d 296 (1982)

Harris COHEN, Plaintiff-Appellant, v. MARTIN'S, a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 29, 1982.

Attorney(s) appearing for the Case

Neil A. Pollio, New York City (Phillips, Nizer, Benjamin, Krim & Ballon, New York City), for plaintiff-appellant.

David E. Nierenberg, New York City (Bondy & Schloss, I. Russell Stein, Mark A. Harmon, New York City, of counsel), for defendant-appellee.

Before KAUFMAN, TIMBERS and NEWMAN, Circuit Judges.

PER CURIAM:

Cohen appeals from a judgment dismissing his complaint which alleged that Martin's unlawfully terminated his retirement benefits. Cohen contends that his pension rights were vested and nonforfeitable pursuant to the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. §§ 1001-1461, although he retired before the relevant provisions of the Act became effective. Because we believe that the mandatory vesting standards of ERISA apply only...

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