CAREY v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Docket No. 99-7059

201 F.3d 44 (1999)

John CAREY, Plaintiff-Appellant, v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 363 PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 16, 1999


Attorney(s) appearing for the Case

Mark G. Aberasturi, Goshen, NY, for Plaintiff-Appellant.

Andrew J. Turro, Meyer, Suozzi, English & Klein, P.C., Mineola, NY, for Defendant-Appellee.

Before: OAKES, KEARSE, and CABRANES, Circuit Judges.


JOSE A. CABRANES, Circuit Judge:

The question presented, as a matter of first impression for this Court, is whether, or under what circumstances, a claim for pension benefits under § 1132(a)(1)(B) of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1132(a)(1)(B), can accrue in the absence of a pension plan's denial of a formal application for benefits. Plaintiff John Carey appeals from a final judgment of the United States District Court...

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