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

Plan Administrators Miscalculated Benefits Based on Inconsistent Interpretation of Plan

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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.

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