Eighth Circuit Holds Plaintiffs’ Claims Fail in ERISA Lawsuit
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Eighth Circuit Holds Plaintiffs’ Claims Fail in ERISA Lawsuit

Plaintiffs are retired union plumbers who receive retirement benefits from the Plumbers and Pipefitters National Pension Fund (“PPNPF”).  Defendants are the PPNPF, the PPNPF’s Board of Trustees, and the Board’s Administrator (collectively, “Defendants”).  Defendants realized that for several years, they paid Plaintiffs excess retirement benefits.  Defendants reduced the benefit payments to the accurate amounts and began to recover the previous overpayments by withholding.  Plaintiffs filed suit under the Employee Retirement Income Security Act of 1974 to challenge Defendants’ actions.  The district court granted Defendants summary judgment on all counts.  The Eighth Circuit affirmed, concluding the Plaintiffs’ claim to recover benefits was time-barred and the plan’s terms entitle Defendants to correct and recover overpayments.

Pilger v. Sweeney, No. 12-2698 (8th Cir. Aug. 8, 2013).

Pilger v Sweeney.pdf

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