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Under ERISA, the calculation of a worker's pension benefits cannot exclude a period of work due to a "break in service" -- even if that first stretch of work occurred before ERISA was passed -- a divided panel of the 3rd U.S. Circuit Court of Appeals has ruled. The 3rd Circuit's 27-page opinion sharpens an existing split in the circuits. Writing for the court, Senior 3rd Circuit Judge Leonard I. Garth refused to follow a 7th Circuit decision and instead adopted the 2nd Circuit's reasoning.
August 29, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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