Pension Fund Must Face Handyman's Breach Of Duty Claim

By Amanda Ottaway (September 15, 2021, 8:06 PM EDT) -- A New York federal judge has allowed a former handyman to pursue a breach of fiduciary duty claim against a union pension fund and its trustees, ruling that he'd raised questions about the trustees' reliance on determinations from the Social Security Administration when they denied him a disability pension.

In a mixed ruling Tuesday, U.S. District Judge John P. Cronan tossed Michael Lardo's denial of benefits claim under the Employee Retirement Income Security Act of 1974. But the judge allowed him to proceed on a second claim that the trustees of the Building Service 32BJ Pension Fund breached their fiduciary duty...

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