-5- the Board as a party to this action. We granted that motion, and the Board was joined as a party. After the stipulated administrative record was filed, and additional exhibits were made part of the administrative record on petitioner’s motions, we ordered that the instant case was submitted for disposition on the administrative record under Rule 217. Respondent Board, on opening brief, challenged petitioner’s status as an interested party eligible to petition the Court for declaratory judgment under section 7476. Respondent Commissioner challenged, on opening brief, our jurisdiction of certain of petitioner’s contentions but did not then challenge petitioner’s standing to bring the instant case. Petitioner’s brief responded to respondent Board that he is a participant in the MEBA Plan, an interested party, and a former employee, and so is entitled to bring the instant declaratory judgment case. Respondent Commissioner then filed the instant motion to dismiss for lack of jurisdiction because petitioner did not have standing to bring the instant case. Facts The MEBA Plan The MEBA Plan was established as of August 1, 1950, pursuant to collective-bargaining agreements, and has been continued over the years by a series of collective-bargaining agreements. The MEBA Plan is a multiemployer plan that includes both defined benefit and defined contribution (money purchase pension)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011