JAMES F. JENKINS, Plaintiff-Appellant, v. LOCAL 705 INTERNATIONAL BROTHERHOOD OF TEAMSTERS PENSION PLAN, Defendant-Appellee, 713 F.2d 247

Summary

Appellant employee sought to obtain, enforce and clarify his rights to pension benefits under the Employee Retirement Income Security Act (ERISA), and appellee union filed for judgment on the pleadings, based on the statutes of limitations, and failure to exhaust internal remedies. The district court granted the motion, and appellant sought review. The court determined that appellant's claimed eligibility for pension benefits was a matter of contract law. It concluded that the 90-day period for vacating an arbitration award, and the six-month provision found in the National Labor Relations Act were inapplicable since the action was based on the written contract pension plan. Appellant filed his complaint within the 10-year Illinois statute of limitations for actions on a written contract. Thus, the complaint was timely filed. Further, appellant had exhausted the internal pension plan remedies. Hence, the court vacated the judgment of the district court and remanded for further ...