LAMONTAGNE v. BD. OF TRS. OF THE UNITED WIRE, METAL & MACH. PENSION FUND


183 A.D.2d 424 (1992)

Joseph Lamontagne, Appellant, v. Board of Trustees of the United Wire, Metal and Machine Pension Fund, Respondent

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

May 7, 1992


Plaintiff, a former participant of defendant, was covered by a pension plan, a copy of which he admits having received in 1978. Under that plan, a break in employment results in cancellation of all previously accrued pension credits if an employee fails to work at least 800 hours in covered employment within any two consecutive calendar years, although a "grace period" to a maximum of eight quarters will be allowed in the sole and absolute discretion of defendant Pension...

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