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MORAIS v. CENTRAL BEV. UNION EMPLOYEE SUPPLEMENTAL RETIREMENT PLAN

No. 98-1725.

167 F.3d 709 (1999)

Fabio T. MORAIS, Plaintiff, Appellant, v. CENTRAL BEVERAGE CORPORATION UNION EMPLOYEES' SUPPLEMENTAL RETIREMENT PLAN, Abacus Benefit Consultants and George Matta, Sr., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 11, 1999.

Attorney(s) appearing for the Case

Marybeth Holland for appellant.

Richard D. Wayne with whom Debra Dyleski-Najjar and Samuel J. Kolodney were on brief for appellees Central Beverage Corporation Union Employees' Supplemental Retirement Plan and George Matta, Sr.

Joseph J. Reale, Jr. for appellee Abacus Benefit Consultants.

Before TORRUELLA, Chief Judge, COFFIN, Senior Circuit Judge, and BOUDIN, Circuit Judge.

COFFIN, Senior Circuit Judge.

Appellant Fabio Morais claims that his disability pension was incorrectly calculated by his employer's retirement plan. He first raised this issue in 1994, and resolved the dispute at that time by signing a "Settlement Agreement" under which he was given $5,000. About two years later, Morais raised the same complaint about his benefits and, unsatisfied by the response, brought this case under ERISA, see 29 U.S.C. § 1132(a...

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