# Coar v. Kazimir

> Court of Appeals for the Third Circuit · April 15, 1993 · 990 F.2d 1413

URL: https://www.frixlaw.com/law-library/cases/9009855

## Case

- **Full name:** Robert J. COAR v. Joseph KAZIMIR, Rocco Morongello, in their capacity as Trustees of the Pension Fund—Mid Jersey Trucking Industry—Local 701 William Levine, in his capacity as Trustee of the Pension Fund—Mid Jersey Trucking Industry—Local 701 Donato DeSanti, in his capacity as Trustee of the Pension Fund—Mid Jersey Trucking Industry—Local 701 Robert Dudik, in his capacity as Trustee of the Pension Fund—Mid Jersey Trucking Industry—Local 701 Pension Fund—Mid Jersey Trucking Industry—Local 701, Joseph Kazimir, Rocco Morongello, William Levine, Donato DeSanti and Robert Dudik, in their capacity as Trustees of the Pension Fund—Mid-Jersey Trucking Industry—Local 701 and the Pension Fund—Mid-Jersey Trucking Industry—Local 701, in Nos. 92-5356 and 92-5438 Robert J. COAR v. Joseph KAZIMIR, Rocco Morongello, in their capacity as Trustees of the Pension Fund—Mid Jersey Trucking Industry—Local 701 William Levine, in his capacity as Trustee of the Pension Fund—Mid Jersey Trucking Industry—Local 701 Donato DeSanti, in his capacity as Trustee of the Pension Fund—Mid Jersey Trucking Industry—Local 701 Robert Dudik, in his capacity as Trustee of the Pension Fund—Mid Jersey Trucking Industry—Local 701 Pension Fund—Mid Jersey Local 701, Robert Coar, in Nos. 92-5359 and 92-5439
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** April 15, 1993
- **Citations:** 990 F.2d 1413; 16 Employee Benefits Cas. (BNA) 1904; 1993 U.S. App. LEXIS 7817; 1993 WL 113533
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Alito, Becker, Cowen, Greenberg, Hutchinson, Lewis, Mansmann, Nygaard, Roth, Scirica, Sloviter, Stapleton, Weis
- **Cited by:** 54 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9009855

## How later opinions describe it (automated extraction)

- finding Section 206(d)’s governing regulations “specifically exclude from ERISA’s anti-alienation bar actions by the pension plan itself to . . . recover debts owed by the participant to the plan as a result of a prior over- payment of benefits”
- noting that “we do not believe that Congress intended the anti-alienation provision to dilute the potential relief available to pension beneficiaries. Instead, we read section 206(d)(1
- stating that section 1109(a) “expressly states that the trustee who violates a fiduciary duty to the plan must make good to the plan”
- holding anti-alienation clause does not protect the benefits of a beneficiary who breached a fiduciary duty to the fund

## Opinion text

SUR PETITION FOR REHEARING
May 11, 1993.
Before: SLOVITER, Chief Judge, and BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, LEWIS, and WEIS, Circuit Judges.
The petition for rehearing filed by the appellee-cross appellant Robert J. Coar in the above captioned matters having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the court in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9009855. Public record. Not legal advice.