Jones

ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

I.Introduction

Plaintiff Rosemary Jones filed this action under the Employee Retirement Income Security Act, 29 U.S.C. § 1132 (a)(1)(B) (“ERISA”) against Defendants Aetna U.S. Healthcare (“Aetna”) and Republic New York Corporation Employee Welfare Benefit Plan (“the Plan”) for wrongful denial of long-term disability benefits. On January 12, 2001, the parties - cross-moved for summary judgment as to Plaintiffs claim for disability benefits. Oral argument was heard on March 20, 2001. After considering the parties’ oral and written arguments, the Court issues the following decision:

II. Background

1. Plaintiff Rosemary Jones (“Jones”) worked as an Assistant Treasurer in International Accounts for the Republic Bank of California (“Republic”) from August 4, 1986 through May 4, 1998. (Defendants’ Statement of Uncontroverted Facts (“Ds’ Fact”), 1) Jones’ annual salary was $45,542.00. (Plaintiffs Statement of Un-controverted Facts (“P’s Fact”), 2)

2. Jones’ position as Assistant Treasurer required heavy computer work, customer account relations, lifting of boxes of documents, and overtime. (P’s Fact, 2) Specifically, Plaintiffs job…