ROBINSON v. SHEET METAL WORKERS' NAT. PENSION FUND

Docket No. 06-3923-cv.

515 F.3d 93 (2008)

Robert J. ROBINSON Jr., on behalf of himself and all others similarly situated and Thomas J. Donohue, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. SHEET METAL WORKERS' NATIONAL PENSION FUND, PLAN A, Marc E. LeBlanc, Michael J. Sullivan, Charles Holt, John G. Agrela, Kenneth D. Alexander, Ronald Palmerick, Bruce Stockwell, Phil Meyers, R. Dean Steward and Paul Collins Jr., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 5, 2008.


Attorney(s) appearing for the Case

Kathryn Emmett, Emmett & Glander (Christine Caulfield, on the brief), Stamford, CT, for Plaintiffs-Appellants.

Stephen M. Rosenblatt, Deputy General Counsel, Sheet Metal Workers' National Pension Fund, Alexandria, VA, for Defendants-Appellees.

Before: FEINBERG, CALABRESI, and WESLEY, Circuit Judges.


GUIDO CALABRESI, Circuit Judge:

Plaintiffs-Appellants Robert Robinson, Jr. and Thomas Donohue and the class they represent were recipients of an Industry-Related Disability Pension ("IRD") from Defendant-Appellee Sheet Metal Workers' National Pension Fund. In 2004, the IRD was amended to add an earnings limitation. Appellants, who were receiving the IRD before the 2004 amendment went into effect, assert that the amendment's application to them violates the Employee...

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