Day

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT; DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Presently before the Court are the parties’ Cross-Motions for Partial Summary Judgment on the Offset Issue. The Court conducted a hearing on April 5, 2010. At the April 5 hearing, the Court ordered further briefing from the parties on the issue of whether the Plan language allows offset of pension benefits. Both parties timely filed their supplemental briefs. Based on the papers submitted to date and oral argument, the Court GRANTS Defendant’s Motion for Summary Judgment and DENIES Plaintiffs Motion for Summary Judgment.

A. Background

A detailed outline of the factual background and procedural history of this case may be found in the Court’s March 21, 2008 Order Granting in Part and Denying in Part Plaintiffs Motion for Summary Judgment; Denying Defendant’s Motion for Summary Judgment; Remanding for Reconsideration, (hereafter, “March 21, 2008 Order,” Docket Item No. 68.) The Court reviews the relevant procedural history to the extent it implicates the present Motion.

In its March 21, 2008 Order, the Court remanded the case for determination of Plaintiffs claim for…