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02/03/2012 10:26:19 AM EST

Retired Pilot May Not Challenge Benefit Calculation Through ERISA

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LexisNexis® Mealey's™ Daily Legal News

NEW ORLEANS - A retired pilot may not seek judicial review under the Employee Retirement Income Security Act of an adverse determination regarding calculation of his pension benefits made by a system board under the Railway Labor Act (RLA), given the RLA's exclusive arbitration procedures of "minor disputes," the Fifth Circuit U.S. Court of Appeals affirmed Jan. 31 (Edward S. Ballew, et al. v. Continental Airlines, Incorporated, et al., No. 11-20279, 5th Cir.; 2012 U.S. App. LEXIS 1788). Full story on lexis.com