DAILL v. SHEET METAL WORKERS' LOCAL 73

No. 96-1454.

100 F.3d 62 (1996)

Garland F. DAILL, Plaintiff-Appellee, v. SHEET METAL WORKERS' LOCAL 73 PENSION FUND, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 13, 1996.


Attorney(s) appearing for the Case

Tammie R. Grossman (argued), Bernard Shapiro, Prairie State Legal Services, Inc., St. Charles, IL, David Wolowitz, Prairie State Legal Services, Inc., Carol Stream, IL, for Garland F. Daill.

John J. George, Dennis J. Aukstik, Robert T. Oleszkiewicz (argued), Carolyn S. O'Gara, Michael Daley, Richard Andrew Toth, Chris A. Leach, Catherine S. Wilson, Mark G. Vanecko, Daley & George, Chicago, IL, Michael I. Richardson, Franczek, Sullivan, Mann, Crement, Hein & Relias, Chicago, IL, for Sheet Metal Workers' Local 73 Pension Fund.

Before BAUER, FLAUM, and MANION, Circuit Judges.


MANION, Circuit Judge.

Early in his working career Garland Daill accrued 12-¾ pension credits under the sheet metal union's private pension fund. But after 12 years he left the union and worked the next 30 years for the city of Chicago. He then returned to work as a sheet metal worker. Although he had this 30-year break in service, the pension plan enabled participants who forfeited credits to recover them by earning 12 consecutive calendar quarters of pension...

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