(DOWNLOAD) "Gluck v. Unisys Corp." by Third Circuit United States Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Gluck v. Unisys Corp.
- Author : Third Circuit United States Court Of Appeals
- Release Date : January 31, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
Employees brought action for violation of breaches of fiduciary duty under ERISA (ERISA) arising from change and partial termination of pension plan. The United States District Court for the Eastern District of Pennsylvania, James T. Giles, J., barred fiduciary claims as untimely and dismissed non-fiduciary claims on grounds that no "partial termination" occurred. Employees appealed. The Court of Appeals, Mansmann, Circuit Judge, held that: (1) "actual knowledge" requirement of ERISA limitations requires plaintiff to have actual knowledge of all material facts necessary to understand that some claim exists; (2) remand was required to determination when each employee had actual knowledge of all material facts; (3) ERISA non-fiduciary claims were timely under borrowed Pennsylvania statute of limitations; and (4) remand was required for determination of whether "partial termination" of plan occurred.