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Plan Properly Applied Break-In-Service Provision, 2nd Circuit Rules

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NEW YORK - A pension plan did not act arbitrarily and capriciously by applying the plan's break-in-service provision in calculating a participant's years of vesting service, the Second Circuit U.S. Court of Appeals affirmed April 17 in an unpublished order, concluding that the court's ruling in another case did not require a different result (Gannon v. NYSA-ILA Pension Trust Fund and Plan, et al., No. 12-2965, 2nd Cir.; 2013 U.S. App. LEXIS 7733)....(read more)

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