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KENDALL v. EMPLOYEES RETIREMENT PLAN OF AVON PROD.

No. 07-4203-cv.

561 F.3d 112 (2009)

Irene M. KENDALL, personally and on behalf of all similarly situated, Plaintiff-Appellant, v. EMPLOYEES RETIREMENT PLAN OF AVON PRODUCTS, Retirement Board, as Plan Administrator, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 25, 2009.

Attorney(s) appearing for the Case

Edgar Pauk, New York, NY, for Plaintiff-Appellant.

Caitlin J. Halligan, Weil, Gotshal & Manges LLP, New York, N.Y. (Jeffrey S. Klein, Nicholas J. Pappas, on the brief), for Defendants-Appellees.

Before: WESLEY, HALL, GIBSON, Circuit Judges.

WESLEY, Circuit Judge.

Background

Irene Kendall began working for Avon Products, Inc. ("Avon") in 1967 at age thirty. In 1980, she became disabled and collected disability benefits from Avon. Although she became eligible for early retirement in 1995 under Avon's retirement plan (the "Plan"), she continued to collect disability benefits, and to accrue years of service under the Plan, until 1999.

The Plan provides for an accrued benefit

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