NEW YORK - A federal judge in New York on March 7 dismissed with prejudice former and current employees' claims that a health care consortium breached its fiduciary duty under the Employee Retirement Income Security Act by failing to credit their retirement plans for the actual number of hours worked because the plans tied benefits to compensation actually paid (Claudia DeSilva, et al. v. North Shore-Long Island Jewish Health System, Inc., et al., No. 10-CV-1341, E.D. N.Y.; 2012 U.S. Dist. LEXIS 30597).