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Perry v. Sheet Metal Workers' Local No. 73 Pension Fund

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ARGUED JANUARY 12, 2009

Before EASTERBROOK, Chief Judge, and WILLIAMS and SYKES, Circuit Judges.

Donald Perry and William Wilk maintain they should have received pension credit from the Sheet Metal Workers’ Local No. 73 Pension Fund for the time they spent as instructors at a Chicago trade school. They emphasize that James Slovey, who worked at the same school at the same time they did, received the credit they seek. We affirm the grant of summary judgment in favor of the pension fund, however, as the plan language provides for pension credit only if an employer has made contributions to the fund on an employee’s behalf. Contributions were made to the pension fund on behalf of Slovey, who served as the Apprentice Coordinator, but not on behalf of instructors Perry and Wilk. The pension fund therefore complied with the terms of the plan when it declined to award Perry and Wilk the pension credit they seek. This case also gives us occasion to remind litigants that if the district court does not enter a proper Rule 58 judgment, the parties should ask the district court to do so.

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