PAYNE v. OFFICE OF THE COMPTROLLER OF THE CURRENCY et al
||JENNIFER A. PAYNE
||OFFICE OF THE COMPTROLLER OF THE CURRENCY, PENTEGRA DEFINED BENEFIT PLAN FOR FINANCIAL INSTITUTIONS, PENTEGRA RETIREMENT SERVICES and PLAN ADMINISTRATOR OF THE PENTEGRA DEFINED BENEFIT PLAN FOR FINANCIAL INSTITUTIONS
||February 28, 2014
||US District Court for the Southern District of Indiana
||Mark J. Dinsmore
||Tanya Walton Pratt
|Nature of Suit:
|Cause of Action:
||29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits
|Jury Demanded By:
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|September 30, 2016
ENTRY ON MOTION FOR SUMMARY JUDGMENT - The Pentegra DB Plan's Board of Directors did not abuse its discretion in denying retirement pension benefits under the Plan when it determined, consistent with the express terms of the Plan, that at the time of his death, Mr. Payne was not a retiree was only eligible to recover active service death benefits. While the decision of the board may seem unfair, it is appropriate under the law and the Court cannot say that it was unreasonable. Accordi ngly, the Court GRANTS Pentegra's Motion for Summary Judgment (Filing No. 71). Judgment is entered in favor of Pentegra on Mrs. Payne's sole ERISA claim, and Mrs. Payne's action is dismissed. Final appealable judgment will issue under separate order. **SEE ORDER** Signed by Judge Tanya Walton Pratt on 9/30/2016. (JLS)
|March 3, 2015
ORDER granting 31 United States' Motion to Dismiss for Lack of Jurisdiction; denying 47 Plaintiff's Motion for Leave to File Amended Complaint and granting 21 Pentegras' Motion to Dismiss and to Strike. Mrs. Payne's cl aim for Interfernec with Exercise of Rights and/or Violation of Rights under ERISA (Count I) remains pending against Defendants Pentegra Defined Benefit Plan for Financial Institutions and Plan Administrator of the Pentegra Defined Benefit Plan for Financial Institutions. Accordingly, no final judgment will issue at this time. Signed by Judge Tanya Walton Pratt on 3/3/2015. (CBU)
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