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DZINGLSKI v. WEIRTON STEEL CORP.

No. 88-3877.

875 F.2d 1075 (1989)

Andrew P. DZINGLSKI, Plaintiff-Appellant, v. WEIRTON STEEL CORPORATION; Retirement Committee of Weirton Steel Corporation Retirement Plan, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1989.

Attorney(s) appearing for the Case

Christopher Lepore (Cooper & Lepore, Pittsburgh, Pa., Daniel Dickinson, Robinson & Dickinson, Wheeling, W.Va., on brief), for plaintiff-appellant.

Peter R. Rich (Carl N. Frankovitch, John A. McCreary, Jr., Volk, Frankovitch, Anetakis, Recht, Robertson & Hellerstedt, Wheeling, W.Va., on brief), for defendants-appellees.

Before CHAPMAN and WILKINSON, Circuit Judges, and DOUMAR, District Judge for the Eastern District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

ERISA, 29 U.S.C. §§ 1001 et seq., requires a plan fiduciary to disclose to a plan participant the specific reasons for a denial of benefits. The question here is whether that obligation requires a fiduciary to disclose to a discharged employee, who applies for early retirement benefits, the reasons for his discharge if the denial of benefits is otherwise in accordance with the plan. The district court held that ERISA created...

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