GEIB v. NEW YORK STATE TEAMSTERS CONF. PENSION

No. 84-1328.

758 F.2d 973 (1985)

Richard GEIB, Joseph P. Sudigala, Edward Bogensberger, Anthony J. Hien, Frank Hoegler, Joseph Lumer, Anthony Diaz, Alois G. Prechtl, Josef Petersell, Carl N. Anderson, Victor Carcich, and Joseph Johnson, Appellants, v. NEW YORK STATE TEAMSTERS CONFERENCE PENSION AND RETIREMENT FUND and Al Sgaglione, Administrative Executive of New York State Teamsters Conference Pension and Retirement Fund, Appellees.

United States Court of Appeals, Third Circuit.

Decided April 9, 1985.


Attorney(s) appearing for the Case

Susan Martin (argued), I. Philip Sipser, Sipser, Weinstock, Harper, Dorn & Leibowitz, New York City, Charles C. Hansford, Allentown, Pa., for appellants.

Peter P. Paravati (argued), Paul Skavina, Constance J. Angelini, Utica, N.Y., for appellees.

Before ADAMS and WEIS, Circuit Judges, and HARRIS, District Judge.


OPINION OF THE COURT

WEIS, Circuit Judge.

In response in part to financial constraints, the trustees of a multi-employer pension plan amended its reemployment provision and suspended payments to pensioners receiving benefits under a retirement program based on years of service. The plan did not specify a "normal retirement age," and plaintiffs here are pensioners who had not reached age 65. In these circumstances, we find no error in the district court's...

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