Facts

William Bastien filed a complaint against ABF Freight Systems Inc.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was hired by defendant as a driver in and, while he was employed, he received notification that he was entitled to receive pension benefits while continuing to work, after he reached the age of 65. Plaintiff further alleged that after he elected to start collecting his pension while still working, defendant removed him from defendant's seniority list and effectively terminated his employment because he was collecting such pension benefits. Plaintiff argued that defendant's policy of removal from the seniority list violated the Employment Retirement Income Security Act.

DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiff's pension plan did not create any right to remain on defendant's seniority list while receiving pension benefits. Defendant further argued that it was contractually required by a collective bargaining agreement to remove plaintiff from its seniority list after he elected to receive retirement benefits.

Result

After dismissing the state law claims, the court granted defendant's motion for summary judgment as to plaintiff's ERISA claim, which was the only remaining cause of action. The court held, in part, that the loss of seniority did not violate plaintiff's rights under ERISA.