Moeller v. Bertrang

801 F. Supp. 291 (1992)

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Moeller v. Bertrang

United States District Court for the District of South Dakota
801 F. Supp. 291 (1992)

Facts

Bernie’s Body Shop (Bernie’s) (defendant) established a retirement plan as follows: any employee who remained employed for at least five consecutive years would be eligible at age 62 to receive a lump sum payment equal to $1,000 per year of service. The retirement plan was not reduced to writing, but there was no dispute that the promise was made. To date, one employee had received a lump sum under the conditions of employment. Joseph Moeller (plaintiff) was employed by Bernie’s for almost 25 years. Moeller stopped working at Bernie’s before age 62, and Bernie’s thus deemed Moeller ineligible for the lump-sum payout. Moeller filed suit against Bernie’s under the Employee Retirement Income Security Act (ERISA). Bernie’s argued that the retirement plan was not covered by ERISA.

Rule of Law

Issue

Holding and Reasoning (Porter, J.)

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