UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

PETER J. LADZINSKI,
Plaintiff-Appellant,

v.
                                                                    No. 97-1237
THE MEBA PENSION TRUST; BOARD
OF TRUSTEES OF MEBA,
Defendants-Appellees.

Appeal from the United States District Court
for the District of Maryland, at Baltimore.
Joseph H. Young, Senior District Judge.
(CA-96-874-Y)

Argued: July 8, 1997

Decided: August 11, 1997

Before WILKINSON, Chief Judge, and WILKINS and
WILLIAMS, Circuit Judges.

_________________________________________________________________

Affirmed by unpublished per curiam opinion.

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COUNSEL

ARGUED: Paul Francis Evelius, WRIGHT, CONSTABLE &
SKEEN, L.L.P., Baltimore, Maryland, for Appellant. Marilyn Louise
Baker, MOONEY, GREEN, BAKER, GIBSON & SAINDON, P.C.,
Washington, D.C., for Appellees. ON BRIEF: Elizabeth A. Saindon,
Joseph R. House, MOONEY, GREEN, BAKER, GIBSON & SAIN-
DON, P.C., Washington, D.C., for Appellees.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Peter J. Ladzinski appeals an order of the district court granting
summary judgment to the MEBA Pension Trust and its Trustees (col-
lectively, "the Fund") on Ladzinski's claims under the Labor Manage-
ment Relations Act (LMRA) and the Employee Retirement Income
Security Act (ERISA). Finding no error, we affirm.

The Fund is a multi-employer pension plan operated for the benefit
of maritime employees. Pension benefits under the Fund are based on
service credits, which are awarded for each quarter during which a
participant is eligible. The Fund also awards past service credit (PSC)
for years prior to its establishment. After a participant establishes eli-
gibility for an award of PSC, the amount of PSC to which the partici-
pant is entitled is calculated based on the actual number of days
worked between 1935 and 1955. A Fund participant who cannot
establish the number of days actually worked can receive PSC for
each quarter of the periods 1935-1940, 1941-1945, 1946-1949, and
1951-1955 by proving union membership and 100 days of covered
employment, as defined by the Fund, during each period.

Ladzinski applied for pension benefits in June 1972 and shortly
thereafter was awarded a pension based upon 83 quarters of service
credit, including 26 quarters of PSC. More than 20 years later he
appealed the award of benefits, arguing that he was entitled to an
additional 13 quarters of PSC. The Fund denied the appeal on the
basis that Ladzinski had confused the rules establishing eligibility for
PSC with the rules governing the award of PSC.

Ladzinski subsequently brought this action claiming that the Fund
contained a structural defect entitling him to relief under the LMRA,
see 29 U.S.C.A. § 186 (West 1978 & Supp. 1997); that the Fund had
violated ERISA by miscalculating his pension benefits, see 29

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U.S.C.A. § 1132(a)(1)(B) (West 1985); and that the Trustees had
breached their fiduciary duties. The district court granted summary
judgment to the Fund, concluding that it lacked jurisdiction to con-
sider the LMRA claim; that the ERISA claims were barred by the
applicable statutes of limitations; and that, even if not time-barred,
Ladzinski's ERISA claims were without merit. After carefully consid-
ering the parties' briefs and the applicable law, and having had the
benefit of oral argument, we affirm. See Ladzinski v. MEBA Pension
Trust, No. Y-96-874 (D. Md. Jan. 23, 1997).

AFFIRMED

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