U.S. Court of Appeals for the Second Circuit, 1984

Swaida v. IBM Retirement Plan

U.S. Court of Appeals for the Second Circuit · Decided February 22, 1984

728 F.2d 159; 5 Employee Benefits Cas. (BNA) 1121 (Federal Reporter, Second Series)

Counsel

David S. Preminger, Braverman & Rosen, New York City, Karen W. Ferguson, Pension Rights Center, Stephen R. Bruce, Washington, D.C., for plaintiff-appellant., John M. Vine, Joanne B. Grossman, Cov-ington & Burling, Washington, D.C., Richard J. Sweetnam, IBM Corp., Armonk, N.Y., for defendants-appellees., Glenn L. Archer, Jr., Asst. Atty. Gen., Michael L. Paup, William S. Estabrook, Michael J. Roach, Tax Div., Dept. of Justice, Washington, D.C., Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., New York City, for amicus curiae U.S.

Cases that cite this one

3 later published cases cite this decision.

Clifford C. Coleman v. Interco Incorporated Divisions' Plans (7th Cir. 1991)
Apitz v. Teledyne Monarch Rubber Hourly Pension Plan (District Court, N.D. Ohio 1992)
Swaida v. Ibm Retirement Plan (2d Cir. 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Southern District of New York, Weinfeld, J., Swaida v. IBM Retirement Plan, 570 F.Supp. 482 (S.D.N.Y. 1983), granting defendant’s motion for summary judgment. The district court held that the elapsed time regulations promulgated by the Department of the Treasury were within its competence and in the exercise of delegated authority and that IBM, having structured its pension plan in conformity therewith, acted justifiably when it denied plaintiff’s claim to a vested pension.

We affirm the judgment of the district court for the reasons spelled out by Judge Weinfeld in his opinion below, Swaida v. IBM Retirement Plan, 570 F.Supp. 482 (S.D.N.Y. 1983).

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