Karr v. Central
States, Southeast & Southwest Areas Pension Fund, 2000 U.S. App. LEXIS 11464 (6th
Cir. May 11, 2000) (unpublished)
-This court
affirmed the decision of the magistrate judge that the Central States trustees'
decision to deny Leroy Karr's application for a 30-And-Out Pension was not
arbitrary and capricious. It was
not unreasonable for them to conclude from the record that for six of Karr's
alleged thirty years of service, he worked as a part-time or "casual"
employee for one of his employers, and therefore did not accrue credit during
that period. The trustees could
rely on documents prepared closer in time to plaintiff's purported full-time
employment (in the 1960's), and to disregard a more recent affidavit by that
employer stating that Karr was a regular employee.
