BENCIVENGA v. WESTERN PA. TEAMSTERS

No. 84-3654.

763 F.2d 574 (1985)

Columbo A. BENCIVENGA and Adeline Bencivenga, Appellants, v. The WESTERN PENNSYLVANIA TEAMSTERS AND EMPLOYERS PENSION FUND, and the Trustees Thereof.

United States Court of Appeals, Third Circuit.

Decided June 7, 1985.

Rehearing and Rehearing Denied July 3, 1985.


Attorney(s) appearing for the Case

James C. Larrimer, argued, Dougherty, Larrimer & Lee, Pittsburgh, Pa., for appellants.

Charles J. Streiff, argued, Wick, Rich, Flue & Streiff, Pittsburgh, Pa., for appellees.

Before ALDISERT, Chief Judge, and SLOVITER and STAPLETON, Circuit Judges.


Rehearing and Rehearing In Banc Denied July 3, 1985.

OPINION OF THE COURT

ALDISERT, Chief Judge.

The question for decision in this appeal by a pension claimant from an adverse summary judgment in favor of a pension fund is whether the fund could properly reduce the amount of early retirement benefits during the period between the date of early retirement and the time benefits would become payable under the plan to an amount equal to the actuarial...

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