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Foley v. Devaney

January 14, 1976

ARTHUR C. FOLEY, APPELLANT,
v.
JOSEPH R. DEVANEY, WILLIAM P. RIDER, CHARLES LORBER, FRED E. CRANE, ABE SCHLUSSEL, AND PHILIP E. O'NEILL, OR THEIR SUCCESSORS, TRUSTEES OF THE JOINT PENSION FUND OF LOCAL 164, INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS



Appeal from the United States District Court for the District of New Jersey D.C. Civil Action No. 75-102.

Seitz, Chief Judge, Gibbons and Rosenn, Circuit Judges.

Author: Per Curiam

This appeal concerns the construction of a Pension Plan of the International Brotherhood of Electrical Workers (IBEW), Local No. 164, under which the appellant, Arthur Foley, claims a monthly pension from the date of his retirement in July 1973. The United States District Court for the District of New Jersey dismissed his complaint against the Trustees of the pension fund who have denied his application for pension benefits.*fn1 We affirm.

Foley became a member of the IBEW in June 1943. Thereafter, he worked continuously under collective bargaining contracts with IBEW Locals from 1949 to 1973. During those years, Foley was employed under Local No. 164 contracts from 1952 to 1955 and again from 1963 to 1973, when he retired. The Trustees of the pension fund denied his application for benefits because they found that he had not fulfilled the requirements of the Pension Plan.

The Pension Plan was established on October 1, 1954, by IBEW Local No. 164 of Hudson and Bergen Counties, New Jersey, and the Hudson-Bergen Division of the New Jersey Chapter of the National Electrical Contractors Association pursuant to Section 401 of the Internal Revenue Code of 1954, 26 U.S.C. ยง 401 (1971).*fn2

Those portions of the original Pension Plan of 1954 which concern us here are:

Article III, Section 1. Normal Pension.

A Participant shall be eligible for a Normal Pension if, at retirement

(a) he has attained age 65; and

(b) he has credit for 20 years or more of employment under I.B.E.W. Contracts; and

(c) he has credit for employment under Local No. 164 Contracts for the last 10 years (or more) immediately preceding his retirement.*fn3

Article IV, Section 2. Service Prior to January 1, 1954.

(a) A Participant shall receive a year of credit for each year prior to January 1, 1954 in which he was employed under ...


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