HEIN v. F.D.I.C.

Nos. 94-5641, 95-5181.

88 F.3d 210 (1996)

John M. HEIN; Merlene Hein v. FEDERAL DEPOSIT INSURANCE CORPORATION; Burton McNeil, acting as Howard Savings Bank Pension Plan Administrator and Howard Savings Bank Pension Plan; Burton McNeil and the Retirement Plan of The Howard Savings Bank, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 28, 1996.


Attorney(s) appearing for the Case

B. John Pendleton, Jr. (argued), Annemarie DuPont, McCarter & English, Newark, NJ, for Appellees.

Christopher A. Weals (argued), Fredric S. Singerman, Seyfarth, Shaw, Fairweather & Geraldson, Washington, DC, Edward R. McMahon, Lum, Danzis, Drasco, Positan & Kleinberg, Roseland, NJ, for Appellants Burton McNeil and Retirement Plan of Howard Savings Bank.

Kevin M. Hart, Stark & Stark, Princeton, NJ, for Appellee Federal Deposit Insurance Corporation.

Before: BECKER, ROTH and LEWIS, Circuit Judges.


OPINION OF THE COURT

ROTH, Circuit Judge:

The question presented in this appeal is whether § 204(g) of the Employee Retirement Income Security Act ("ERISA") allows an individual to qualify for unreduced early retirement benefits despite the fact that he does not qualify for such benefits under the plain language of the relevant company retirement plan. John Hein worked for The Howard Savings Bank ("Bank") for thirty-seven years. Shortly before Hein...

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