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(Download) "Haytcher v. Abs Industries Inc." by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free

Haytcher v. Abs Industries Inc.

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eBook details

  • Title: Haytcher v. Abs Industries Inc.
  • Author : United States Court Of Appeals For The Sixth Circuit
  • Release Date : January 01, 1989
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Plaintiffs, six retired or otherwise former employees of defendants Ashtabula Forge, a division of ABS Industries, Inc. (hereinafter collectively referred to as "ABS"), appeal the granting of summary judgment for defendants in this action filed pursuant to § 301 of the Labor Management Relations Act, 29 U.S.C. § 185, and §Â§ 409 and 502 of the Employment Retirement Income Security Act ("ERISA"), 29 U.S.C. §Â§ 1109 and 1132. Plaintiffs alleged: first, that they are entitled to a two-year accumulation of benefits (the "creep-in") under the pension plan because of a plan provision that lay-offs of less than two years shall not constitute a break in continuous service; and second, that a separate obligation exists on the part of ABS to pay a $105.00 per month retirement supplement. For the reasons which follow, we affirm the denial of the two-year "creep-in", but reverse and remand for the award of the retirement supplement.


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