Concha B. Server v. Interpace Corporation
Opinion
Opinion
Poole, J.
The district court granted Concha Server’s motion for summary judgment finding that as a matter of law the offset of Server’s workers’ compensation benefits against her retirement benefits violated provisions of ERISA. Appellant, Interpace Corporation, appeals and we reverse.
FACTS
Appellee, Server, was an employee of Interpace from July 26, 1951 until October 1, 1975 when she suffered a job related back injury that left her 68% permanently disabled. At the time of the injury she held the position of ware sorter. She was awarded $25,690.00 in disability indemnity payable at the rate of $70.00 per week commencing May 10, 1975 and continuing through November 1, 1982.
On January 27, 1976, Server then age 62, applied for her retirement benefits under the Labor Management Retirement Pension Plan (LMRPP). Server’s application was approved June 21, 1976 effective October 1, 1975. However, the Pension Committee determined that under Article IV 11C of the Company’s Retirement Pension Plan Server would not be entitled to receive her monthly pension payment of $126.50 until termination of the disability benefits in November 1982.