(DOWNLOAD) "Gulandi V. Adams" by 2003 United States Court of Appeals for the Second Circuit August Term # Book PDF Kindle ePub Free
eBook details
- Title: Gulandi V. Adams
- Author : 2003 United States Court of Appeals for the Second Circuit August Term
- Release Date : January 01, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Plaintiffs appeal from an order entered on June 21, 2002 in the United States District Court for the Eastern District of New York (Mishler, J.) that dismissed their ERISA complaint against defendants. We have to resolve on this appeal a dispute between plaintiffs public school teachers and the defendant labor union to which they belong, as well as various other defendants associated with their employee benefit plan. The issue before us is whether the employee benefit plan --which defendants set up and administered using funds from the public school district in which plaintiffs were employed -- was subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. No. 93-406, 88 Stat. 829 (codified as amended in scattered sections of 26 U.S.C. and 29 U.S.C.). Basing jurisdiction for their suit on ERISA, plaintiffs allege in their complaint that in administering the benefit plan defendants violated certain ERISA provisions. Ruling that it lacked subject matter jurisdiction, the district court dismissed plaintiffs' complaint on the ground that ERISA excludes governmental plans from the scope of the Act. See 29 U.S.C. § 1003(b)(1). We affirm.