Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Novella v. Westchester County, New York Carpenters' Pension Fund, 02 Civ. 2192

Plan Administrators Miscalculated Benefits Based on Inconsistent Interpretation of Plan

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Judge Mukasey

NOVELLA v. WESTCHESTER COUNTY, NEW YORK CARPENTERS’ PENSION FUND — Plaintiff Carlo Novella sues defendants, the Westchester County, New York Carpenters’ Pension Fund (“Westchester Fund”) and its Board of Trustees (“the Trustees”), on the ground that they refused to award him a pension in the amount to which he was entitled.1 Novella claims that defendants miscalculated his pension in two ways: (1) by using two different benefit rates to calculate the amount of his pension, and (2) by failing to award him pension credits for 501 hours during which he collected workers’ compensation benefits. According to Novella, defendants’ actions violated both the terms of the Westchester Fund’s pension plan (“the Westchester Plan”) and requirements of the Employee Retirement Income Security Act of 1974 (“ERISA’), 29 U.S.C. §1001 et seg. (2000). Both parties now move for summary judgment on all claims. For the reasons stated below, Novella’s motion for summary judgment is granted as to his claim that defendants, application of two different benefit rates to his pension violated the terms of the Westchester Plan, and his claims that this practice also violated ERISA are therefore dismissed as moot. Novella’s claims arising from defendants’ failure to award pension credits while he collected workers’ compensation benefits, by contrast, are dismissed without prejudice because Novella has not yet exhausted them.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Professor of Law - Contracts, Corporate/Business Law

Texas Tech University School of Law, Lubbock, Texas Summary Information The School of Law at Texas Tech University invites applications f...


Apply Now ›
EMPLOYEE BENEFITS ASSOCIATE

We are seeking an associate to join our Employee Benefits practice. Candidates should have three to six years of employee benefits experienc...


Apply Now ›
Associate Professor of Clinical Law

The George Washington University Law School invites applications for tenure-track or tenured clinical faculty appointment, at the rank of As...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements