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RICCIARDI v. RICCIARDI PROFIT SHARING PLAN

Civ. A. No. 85-2055.

630 F.Supp. 914 (1986)

Thomas J. RICCIARDI, Plaintiff, v. RICCIARDI PROFIT SHARING PLAN, Defendant.

United States District Court, D. New Jersey.

As Amended May 29, 1986.

Attorney(s) appearing for the Case

John N. Post, Irwin, Post & Rosen, Roseland, N.J., for plaintiff.

Michael T. Scaraggi, Oransky, Scaraggi & Borg, East Orange, N.J., for defendant.

STERN, District Judge.

Plaintiff Thomas J. Ricciardi instituted this suit to recover 55% of the value of his account in a pension plan known as the Ricciardi Profit Sharing Plan ("new plan"), which the trustees of the fund declared forfeit when he was fired in 1982. The 55% forfeiture amounts to $36,437.00. Plaintiff contends that the trustees' action was illegal under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1053(b)(1) (1985). Even if...

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