Abdul-Aziz v. Nat'l Basketball Ass'n Players' Pension Plan

OPINION& ORDER                Plaintiff Zaid Abdul-Aziz brings this action pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §1001, et seq., asserting claims for unpaid retirement benefits under the National Basketball Association Players’ Pension Plan (“Defendant” or the “Plan”). Before me is Defendant’s motion to dismiss Plaintiff’s Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Because I find that Plaintiff’s claim is barred by the applicable statute of limitations, Defendant’s motion to dismiss is GRANTED.I. Background¹The National Basketball Association (“NBA”) Players’ Pension Plan provides defined retirement benefits to retired NBA players. (Doc. 1 (“Compl.”), 6.) Plaintiff Zaid Abdul-Aziz played for the NBA from 1968 to 1978, and received eight years of credited service toward his retirement. (Id. 5.) Plaintiff’s retirement date was set for May 1996, but he applied for early retirement benefits in May 1991. (Id.

90-91.)Under the Plan, participants may elect a “Normal Retirement Pension” — a monthly benefit commencing “on the first day of the first month following the player’s Normal Retirement Date and continuing to be paid on the first day of each month up to and including the month in which the player dies” — i.e., a life annuity — or a number of other forms of benefit payments. (See id.