VAN BUREN v. WISCH


97 A.D.2d 565 (1983)

Edward S. Van Buren, Appellant, v. Irving Wisch et al., as Trustees of The New York State Teamsters Conference Pension and Retirement Fund, Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 6, 1983


The dispositive issue on this appeal is whether Special Term erred in concluding that defendants' interpretation of its pension plan, which resulted in plaintiff's ineligibility for pension benefits, was proper. Defendants' pension plan provides that after a two-year break in service, the employee is no longer a member of the pension plan. At issue on this appeal is the provision of the plan which provides for "vesting" at age 53. The pension plan booklet states that "[t...

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