When it comes to ‘or,’ context matters

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky & Associates P.C. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. He can be reached at mdebofsky@debofsky.com.

Posted August 27, 2014 3:45 PM

Updated August 28, 2014 8:55 AM

Arecent ruling from the 7th U.S. Circuit Court of Appeals illustrates that the context of words can make a dramatic difference in the interpretation of a pension plan. In Schane v. International Brotherhood of Teamsters Union Local 710 Pension Fund, 2014 U.S.App.LEXIS 14118 (7th Cir. July 23), the appeals court established that the word “or” is not always read disjunctively, but may be read conjunctively in certain instances. In the interpretation of plans governed by the Employee Retirement Income …

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