Twiss v. Lincoln Telephone & Telegraph Co.

287 N.W. 620 (1939)

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Twiss v. Lincoln Telephone & Telegraph Co.

Nebraska Supreme Court
287 N.W. 620 (1939)

Facts

On January 1, 1917, Lincoln Telephone & Telegraph Company (LT&T) (defendant) issued a pamphlet entitled “Plan for Employees’ Pensions, Disability Benefits and Death Benefits” and established a trust fund for the payment of pensions. Section 4 of the pension plan in the pamphlet provided that after 20 years of service and having reached the age of 55, LT&T employees had the right to receive a pension of $30 per month for life. Further, section 8 of the pension plan provided that employees had no right to be retained in service and no right to any pension benefits if their service was less than the specified minimum. LT&T alone, not employees, contributed to the trust fund. Marjorie Twiss (plaintiff) began working for LT&T in August 1917. Twiss remained employed by LT&T for approximately 18 years, until she was discharged in 1935 at age 38. LT&T deemed Twiss ineligible for pension benefits. Twiss filed suit against LT&T, asserting that she was entitled to vested pension rights. Twiss recovered a judgment of $1,273, and LT&T appealed.

Rule of Law

Issue

Holding and Reasoning (Rose, J.)

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