Does the break-in service rule have any effect in excluding high percentages of workers from benefits?
MultiRegion, United States of America
The following excerpt is from Phillips v. Alaska Hotel and Restaurant Employees Pension Fund, 944 F.2d 509 (9th Cir. 1991):
9 The attack on the break-in-service rule in this case is based entirely on its alleged effect in excluding high percentages of workers from benefits. No argument has been made that the break-in-service rule is arbitrary simply because it makes no allowance for involuntariness of the break. See Bolton v. Construction Laborers' Pension Trust, No. 90-55654, slip op. 12211 (9th Cir. Aug. 30, 1991).
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