Time for filing EEOC charge began to run when the employer amended its
pension plan, not when the employer issued its final denial of the employee's request to
correct his benefits.
Campbell v. BankBoston, N.A., 327 F.3d 1 (1st Cir. March 7, 2003) -
James W. Campbell sued his former employer under ERISA and the ADEA on the basis that the
employer wrongfully reduced the retirement (and/or separation) benefits to which Campbell
was entitled. This is primarily an ERISA action which is beyond the scope of Garland's
Digest. However, there are a few points of interest: (1) ERISA has its own anti-age
discrimination provision (29 U.S.C. Section 1054(b)(1)(H)(i)); and (2) Campbell's ADEA is
time barred because it was not brought within 300 days of the alleged discriminatory act.
The First Circuit rejects the argument that National R.R. Passenger Corp. v. Morgan,
122 S.Ct. 2061 (June 10, 2002) applies. The time for filing the EEOC charge began to run
when BankBoston amended its pension plan -- not when BankBoston issued its final denial of
Campbell's request to correct his benefits.
