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Ex-Worker's Retirement Benefits Can Be Prorated: 2nd Circ.

Law360 (April 25, 2019, 7:21 PM EDT) -- The Second Circuit on Thursday rejected a former Thalle Construction Co. Inc. project engineer’s challenge to a trial court decision awarding him less than half the retirement benefits he claimed to be owed, ruling the lower payout was correct because he left the company before he retired. 

A panel of the appellate court backed a lower court’s January 2017 judgment handing Daniel Verdier only partial summary judgment on his Employment Retirement Income Security Act claim and finding he was only entitled to $123,202 under a deferred compensation agreement.

The panel said the dispute revolved around differing interpretations of agreement. While Verdier...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 2nd Circuit

Nature of Suit

3190 CONTRACT-Other Contract Action

Date Filed

March 30, 2018

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