Peckham v. Board of Trustees of the International Brotherhood of Painters & Allied Trades Union & Industry National Pension Fund’s Empirical Analysis
719 F.2d 1063 · 1983
Citation profile
17 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 41 later decisions — most recently November 2012 · most notably Whitworth Bros Storage Company v. Central States Southeast and Southwest Areas Pension Fund (1986), Giardono v. Jones (1989)
17 federal appellate · 3 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 1103 (§ 403 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1132 (§ 502 of the Employee Retirement Income Security Act of 1974) · 29 U.S.C. § 1144 (§ 514 of the Employee Retirement Income Security Act of 1974)
Relies on Eaves v. Penn · Peckham v. Board of Trustees of International Brotherhood of Painters and Allied Trades Union · Martin v. Hamil
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 41 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“*1016 The record contains no evidence that the pension fund would be underfunded if the trustees returned plaintiffs’ contributions. The contributions were made pursuant to a money purchase rather than a fixed benefit plan concept because employers apparently contributed a certain amount per hour of work by each participant. The trustees complain that a refund will diminish the plan’s assets but neglect to mention the corresponding decrease in the fund's liabilities because the individuals for whom these contributions were made will not be entitled to pensions. Under the circumstances, the fund clearly would be unjustly enriched if it retained these monies.”
1 later decision quote this exact passage · from the majority“The trustees' action is conclusive unless arbitrary or capricious, not supported by substantial evidence, or erroneous on a question of law.”
1 later decision quote this exact passage · from the majority“after the plan administrator determines that the contribution was made by such a mistake.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.