(DOWNLOAD) "Local 6$20682 International Unions of Paper v. National Industrial Group Pension Plan" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Local 6$20682 International Unions of Paper v. National Industrial Group Pension Plan
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 11, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 80 KB
Description
RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit Rule 206 ELECTRONIC CITATION: 2003 FED App. 0326P (6th Cir.) Argued: April 30, 2003 OPINION Plaintiff Local 6-0682 (""Union"") appeals the district court's grant of summary judgment to the defendants National Industrial Group Pension Plan (""NIGPP"") and the National Industrial Group Pension Plan Administrative Agency (""Agency""). The Union seeks to recover benefits under the Employee Retirement Income Security Act of 1974 (""ERISA""), 29 U.S.C. §§ 1001--1461, for the Agency's negligence in providing, as a courtesy, a benefits-amount quotation that turned out to be erroneous. Because we decline to infer a federal common law cause of action for negligence in giving advice to the Union regarding ERISA plan benefits, we affirm. The Union is the exclusive bargaining agent for its approximately 350 members, all of whom are employed by the Kalamazoo facility of Checker Motor Corp. (""Checker""). Pursuant to an agreement between the Union and Checker, all members participate in the NIGPP, a multi-employer pension plan that is an ""employee pension benefit plan"" within the meaning of ERISA, 29 U.S.C. § 1002(2)(A), and consequently is governed by and subject to ERISA. The NIGPP, in turn, is administered by the Agency. The Agency itself is a ""third-party administrator"" in ERISA parlance. See Freimark & Thurston Agency, Inc. v. Nat'l City Bank of Dayton, 231 F. Supp. 2d 713, 720 n.8 (S.D. Ohio 2002).
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