GRAGG v. UPS PENSION PLAN

No. 22-3379.

55 F.4th 1059 (2022)

Ralph GRAGG, Plaintiff-Appellant, v. UPS PENSION PLAN, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2022.


Attorney(s) appearing for the Case

ARGUED: Benjamin K.P. Merry , LAW OFFICES OF TONY C. MERRY LLC, Worthington, Ohio, for Appellant. John Timothy McDonald , THOMPSON HINE LLP, Atlanta, Georgia, for Appellee. ON BRIEF: Benjamin K.P. Merry , Tony C. Merry , LAW OFFICES OF TONY C. MERRY LLC, Worthington, Ohio, for Appellant. John Timothy McDonald , THOMPSON HINE LLP, Atlanta, Georgia, for Appellee.

Before: BATCHELDER, GRIFFIN, and KETHLEDGE, Circuit Judges.


OPINION

The limitations period for an ERISA claim "to recover benefits due" under a plan does not expire before the alleged underpayment on which the claim is based. Here, UPS driver Ralph Gragg received from each of two pension plans a letter whose particulars contradicted each plan's more general description...

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