64 A.D.2d 960 | N.Y. App. Div. | 1978
—The branch of the motion for reargument is granted and the branch for leave to appeal is denied. Upon reargument, our order, entered July 20, 1978, is vacated, and a resettled order and the following memorandum substituted in lieu thereof: Judgment, Supreme Court, New York County, entered January 30, 1978, declaring that plaintiffs are entitled to pensions, unanimously reversed, on the law, and the plaintiffs are declared not to be entitled to pensions, with $60 costs and disbursements of this appeal payable to defendants-appellants. Plaintiffs brought this action for a judgment declaring that they are entitled to a pension from the Plumbing Industry Board, Local No. 2 Pension Fund. The Court of Appeals, in Mitzner v Jarcho (44 NY2d 39, 43), has recently summarized the history of the eligibility rules and regulations for this same fund: "The fund was formally created in 1952 by an agreement and declaration of trust (trust agreement) for the benefit of journeymen plumbers and apprentices. The trust agreement contained the usual provisions with respect to the investment and fiscal management of the assets of the fund and conferred on the trustees 'power to make, amend and repeal such rules and regulations, not inconsistent with the terms thereof, as they may deem necessary or proper to carry out the provisions of this Agreement’. Exercising this power, the trustees promulgated 'The Plumbing Industry Pension Fund, Rules and Regulations for Pension Plan’ (plan) which prescribed the following eligibility requirements for fund benefits: (a) attainment of age 65;