text:
Heimeshoff v. Hartford Life & Accident Ins. Co., 571 U.S. (2013)
|Reporting Judge:
|Associate Justice Clarence Thomas
|Docket Number:
(Slip Opinion) OCTOBER TERM, 2013 NOTE: Where it is feasible, a syllabus (headnote) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has beenprepared by the Reporter of Decisions for the convenience of the reader.See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. 1
(a) The courts of appeals require participants in an employee benefit plan covered by ERISA to exhaust the plan's administrative remedies before filing suit to recover benefits. A plan participant's causeof action under ERISA §502(a)(1)(B) therefore does not accrue untilthe plan issues a final denial. But it does not follow that a plan andits participants cannot agree to commence the limitations period before that time. Pp. 4-8.
(1) The rule set forth in Order of United Commercial Travelers of 2 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. America v. Wolfe, 331 U. S. 586, 608, provides that a contractual limitations provision is enforceable so long as the limitations period is ofreasonable length and there is no controlling statute to the contrary.That is the appropriate framework for determining the enforceabilityof the Plan's limitations provision. The Wolfe approach necessarilyallows parties to agree both to the length of a limitations period andto its commencement. Pp. 5-7.
(2) The principle that contractual limitations provisions shouldordinarily be enforced as written is especially appropriate in the context of an ERISA plan. Heimeshoff's cause of action is bound up withthe written terms of the Plan, and ERISA authorizes a participant tobring suit "to enforce his rights under the terms of the plan."§1132(a)(1)(B). This Court has thus recognized the particular importance of enforcing plan terms as written in §502(a)(1)(B) claims,see, e.g., CIGNA Corp. v. Amara, 563 U. S. ___, ___, and will not presume from statutory silence that Congress intended a different approach here. Pp. 7-8.
(b) Unless the limitations period is unreasonably short or there is a"controlling statute to the contrary," Wolfe, supra, at 608, the Plan'slimitations provision must be given effect. Pp. 8-16.
(1) The Plan's period is not unreasonably short. Applicable regulations mean for mainstream claims to be resolved by plans in aboutone year. Here, the Plan's administrative review process ("internalreview") required more time than usual but still left Heimeshoff withapproximately one year to file suit. Her reliance on Occidental LifeIns. Co. of Cal. v. EEOC, 432 U. S. 355, in which this Court declinedto enforce a 12-month statute of limitations applied to Title VII employment discrimination actions where the Equal Employment Opportunity Commission faced an 18- to 24-month backlog, is unavailing in the absence of any evidence that similar obstacles exist tobringing a timely ERISA §502(a)(1)(B) claim. Pp. 9-10.
(2) This Court rejects the contentions of Heimeshoff and theUnited States that the limitations provision is unenforceable becauseit will undermine ERISA's two-tiered remedial scheme. Pp. 10-15.
(i) Enforcement of the Plan's limitation provision is unlikely tocause participants to shortchange the internal review process. Therecord for judicial review generally has been limited to the administrative record, so participants who fail to develop evidence during internal review risk forfeiting the use of that evidence in district court.In addition, many plans vest discretion over benefits determinationsin the plan administrator, and courts ordinarily review such determinations only for abuse of discretion. Pp. 11-12.
(ii) It is also unlikely that enforcing limitations periods thatbegin to run before the internal review process is exhausted will en-danger judicial review. To the extent that administrators attempt toprevent judicial review by delaying the resolution of claims in badfaith, the penalty for failure to meet the regulatory deadlines is immediate access to judicial review for the participant. Evidence fromforty years of ERISA administration of this common contractual provision suggests that the good-faith administration of internal reviewwill not diminish the availability of judicial review either.Heimeshoff identifies only a handful of cases in which ERISA§502(a)(1)(B) plaintiffs have been time barred as a result of the 3-year limitations provision, and these cases suggest that the bar fallson participants who have not diligently pursued their rights. Moreover, courts are well equipped to apply traditional doctrines, such aswaiver or estoppel, see, e.g., Thompson v. Phenix Ins. Co., 136 U. S.287, 298-299, and equitable tolling, see, e.g., Irwin v. Department ofVeterans Affairs, 498 U. S. 89, 95, that nevertheless may allow participants to proceed. Finally, plans offering appeals or dispute resolution beyond what is contemplated in the internal review regulationsmust agree to toll the limitations provision during that time. 29 CFR§2560.503-1(c)(3)(ii). Pp. 12-15.
(3) Heimeshoff's additional arguments are unpersuasive. Thelimitations period need not be tolled as a matter of course during internal review because that would be inconsistent with the text of thelimitations provision, which is enforceable. And federal courts neednot inquire whether state law would toll the limitations period duringinternal review because the limitations period is set by contract, notborrowed from state law. Pp. 15-16. 496 Fed. Appx. 129, affirmed. THOMAS, J., delivered the opinion for a unanimous Court. 3 Opinion of the Court NOTICE: This opinion is subject to formal revision before publication in thepreliminary print of the United States Reports. Readers are requested tonotify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, of any typographical or other formal errors, in orderthat corrections may be made before the preliminary print goes to press. 1 SUPREME COURT OF THE UNITED STATES _________________ No. 12-729 _________________ JULIE HEIMESHOFF, PETITIONER v. HARTFORDLIFE & ACCIDENT INSURANCE CO. ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OFAPPEALS FOR THE SECOND CIRCUIT [December 16, 2013]
JUSTICE THOMAS delivered the opinion of the Court.A participant in an employee benefit plan covered bythe Employee Retirement Income Security Act of 1974(ERISA), 88 Stat. 829, as amended, 29 U. S. C. §1001 etseq., may bring a civil action under §502(a)(1)(B) to recover benefits due under the terms of the plan. 29 U. S. C.§1132(a)(1)(B). Courts have generally required participants to exhaust the plan's administrative remedies beforefiling suit to recover benefits. ERISA does not, however,specify a statute of limitations for filing suit under§502(a)(1)(B). Filling that gap, the plan at issue hererequires participants to bring suit within three years after"proof of loss" is due. Because proof of loss is due beforea plan's administrative process can be completed, the administrative exhaustion requirement will, in practice,shorten the contractual limitations period. The questionpresented is whether the contractual limitations provisionis enforceable. We hold that it is
In 2005, petitioner Julie Heimeshoff began to reportchronic pain and fatigue that interfered with her duties as 2 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court a senior public relations manager for Wal-Mart Stores,Inc. Her physician later diagnosed her with lupus andfibromyalgia. Heimeshoff stopped working on June 8.On August 22, 2005, Heimeshoff filed a claim for long-term disability benefits with Hartford Life & AccidentInsurance Co., the administrator of Wal-Mart's GroupLong Term Disability Plan (Plan). Her claim form, supported by a statement from her rheumatologist, listed hersymptoms as " 'extreme fatigue, significant pain, anddifficulty in concentration.' "1 App. to Pet. for Cert. 7. InNovember 2005, Hartford notified Heimeshoff that it couldnot determine whether she was disabled because herrheumatologist had never responded to Hartford's requestfor additional information. Hartford denied the claim thefollowing month for failure to provide satisfactory proof ofloss. Hartford instructed Heimeshoff that it would consider an appeal filed within 180 days, but later informed herthat it would reopen her claim, without the need for anappeal, if her rheumatologist provided the requestedinformation. In July 2006, another physician evaluated Heimeshoffand concluded that she was disabled. Heimeshoff submitted that evaluation and additional medical evidencein October 2006. Hartford then retained a physician toreview Heimeshoff 's records and speak with her rheumatologist. That physician issued a report in November 2006concluding that Heimeshoff was able to perform the activities required by her sedentary occupation. Hartford denied Heimeshoff 's claim later that November. In May 2007, Heimeshoff requested an extension of thePlan's appeal deadline until September 30, 2007, in order ------ 1 The insurance policy provides: " 'Written proof of loss must be sentto The Hartford within 90 days after the start of the period for whichThe Hartford owes payment. After that, The Hartford may requirefurther written proof that you are still Disabled.' " App. to Pet. for Cert.
10. Opinion of the Court to provide additional evidence. Hartford granted theextension. On September 26, 2007, Heimeshoff submittedher appeal along with additional cardiopulmonary andneuropsychological evaluations. After two additionalphysicians retained by Hartford reviewed the claim, Hartford issued its final denial on November 26, 2007. On November 18, 2010, almost three years later (butmore than three years after proof of loss was due),Heimeshoff filed suit in District Court seeking review ofher denied claim pursuant to ERISA §502(a)(1)(B). Hartford and Wal-Mart moved to dismiss on the ground thatHeimeshoff 's complaint was barred by the Plan's limitations provision, which stated: "Legal action cannot betaken against The Hartford . . . [more than] 3 years afterthe time written proof of loss is required to be furnishedaccording to the terms of the policy." Id., at 10. The District Court granted the motion to dismiss. Recognizing that ERISA does not provide a statute of limitations for actions under §502(a)(1)(B), the court explainedthat the limitations period provided by the most nearlyanalogous state statute applies. See North Star Steel Co.
v. Thomas, 515 U. S. 29, 33-34 (1995). Under Connecticutlaw, the Plan was permitted to specify a limitations periodexpiring "[not] less than one year from the time when theloss insured against occurs."2 Conn. Gen. Stat. §38a-290(2012); see App. to Pet. for Cert. 13. The court held that,under Circuit precedent, a 3-year limitations period set tobegin when proof of loss is due is enforceable, andHeimeshoff 's claim was therefore untimely.3 Id., at 13, 15 ------ 2 The parties do not dispute that Connecticut provides the relevantstate law governing the limitations period in this case. 3 Heimeshoff also argued before the District Court that even if thePlan's limitations provision were enforceable, her suit was still timelybecause Hartford had granted her request for an extension untilSeptember 30, 2007. Even crediting the contention that proof of losswas not due until that date, the court held that the Plan's limitations 3 4 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court (citing Burke v. PriceWaterHouseCoopers LLP Long TermDisability Plan, 572 F. 3d 76, 79-81 (CA2 2009) (percuriam)).On appeal, the Second Circuit affirmed. 496 Fed. Appx.129 (2012). Applying the precedent relied on by the District Court, the Court of Appeals concluded that it didnot offend ERISA for the limitations period to commencebefore the plaintiff could file suit under §502(a)(1)(B).Because the policy language unambiguously provided thatthe 3-year limitations period ran from the time that proofof loss was due under the Plan, and because Heimeshofffiled her claim more than three years after that date, heraction was time barred. We granted certiorari to resolve a split among theCourts of Appeals on the enforceability of this commoncontractual limitations provision. 569 U. S. ___ (2013).Compare, e.g., Burke, supra, at 79-81 (plan provisionrequiring suit within three years after proof-of-loss deadline is enforceable); and Rice v. Jefferson Pilot FinancialIns. Co., 578 F. 3d 450, 455-456 (CA6 2009) (same), withWhite v. Sun Life Assurance Co. of Canada, 488 F. 3d 240,245-248 (CA4 2007) (not enforceable); and Price v. Provident Life & Acc. Ins. Co., 2 F. 3d 986, 988 (CA9 1993)(same). We now affirm
Statutes of limitations establish the period of timewithin which a claimant must bring an action. As a general matter, a statute of limitations begins to run whenthe cause of action " 'accrues' "-that is, when "the plaintiffcan file suit and obtain relief." Bay Area Laundry and DryCleaning Pension Trust Fund v. Ferbar Corp. of Cal., 522
U. S. 192, 201 (1997). ------ provision barred her from bringing legal action any later than September 30, 2010. Heimeshoff did not file suit until November 18, 2010. Opinion of the Court ERISA and its regulations require plans to providecertain presuit procedures for reviewing claims after participants submit proof of loss (internal review). See 29
U. S. C. §1133; 29 CFR §2560.503-1 (2012). The courts ofappeals have uniformly required that participants exhaustinternal review before bringing a claim for judicial reviewunder §502(a)(1)(B). See LaRue v. DeWolff, Boberg &Associates, Inc., 552 U. S. 248, 258-259 (2008) (ROBERTS,
C. J., concurring in part and concurring in judgment). Aparticipant's cause of action under ERISA accordinglydoes not accrue until the plan issues a final denial.ERISA §502(a)(1)(B) does not specify a statute of limitations. Instead, the parties in this case have agreed bycontract to a 3-year limitations period. The contract specifies that this period begins to run at the time proof of lossis due. Because proof of loss is due before a participantcan exhaust internal review, Heimeshoff contends thatthis limitations provision runs afoul of the general rulethat statutes of limitations commence upon accrual of thecause of action. For the reasons that follow, we reject that argument.Absent a controlling statute to the contrary, a participantand a plan may agree by contract to a particular limitations period, even one that starts to run before the cause ofaction accrues, as long as the period is reasonable
Recognizing that Congress generally sets statutorylimitations periods to begin when their associated causesof action accrue, this Court has often construed statutes oflimitations to commence when the plaintiff is permitted tofile suit. See, e.g., Graham County Soil & Water Conservation Dist. v. United States ex rel. Wilson, 545 U. S. 409,418 (2005) (resolving an ambiguity in light of "the 'standard rule that the limitations period commences when theplaintiff has a complete and present cause of action' " 5 6 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court (quoting Bay Area Laundry, supra, at 201)); Rawlings v.Ray, 312 U. S. 96, 98 (1941)ized that statutes of limitations do not inexorablycommence upon accrual. See Reiter v. Cooper, 507 U. S.258, 267 (1993) (noting the possibility that a cause ofaction may "accru[e] at one time for the purpose of calculating when the statute of limitations begins to run, but atanother time for the purpose of bringing suit"); see alsoDodd v. United States, 545 U. S. 353, 358 (2005) (thestatute of limitations in the federal habeas statute runsfrom " 'the date on which the right asserted was initiallyrecognized by the Supreme Court' " even if the right hasnot yet been " 'made retroactively applicable to cases oncollateral review' "); McMahon v. United States, 342 U. S.25, 26-27 (1951) (the limitations period in the Suits inAdmiralty Act runs from the date of injury rather thanwhen plaintiffs may sue).None of those decisions, however, addresses the criticalaspect of this case: the parties have agreed by contract tocommence the limitations period at a particular time. Forthat reason, we find more appropriate guidance in precedent confronting whether to enforce the terms of acontractual limitations provision. Those cases provide awell-established framework suitable for resolving the question in this case: "[I]n the absence of a controlling statute to the contrary, a provision in a contract may validly limit, between the parties, the time for bringing an action onsuch contract to a period less than that prescribed inthe general statute of limitations, provided that theshorter period itself shall be a reasonable period."Order of United Commercial Travelers of America v.Wolfe, 331 U. S. 586, 608 (1947)atutes of limitations donot permit parties to choose a shorter period by contract. Opinion of the Court See, e.g., Louisiana & Western R. Co. v. Gardiner, 273
U. S. 280, 284 (1927) (contractual provision requiring suitagainst common carrier within two years and one dayafter delivery was invalid under a federal statute"declar[ing] unlawful any limitation shorter than twoyears from the time notice is given of the disallowance of theclaim"). The rule set forth in Wolfe recognizes, however,that other statutes of limitations provide only a defaultrule that permits parties to choose a shorter limitationsperiod. See Riddlesbarger v. Hartford Ins. Co., 7 Wall.386, 390 (1869) (finding "nothing in th[e] language orobject [of statutes of limitations] which inhibits partiesfrom stipulating for a shorter period within which to assert their respective claims"); see also Missouri, K. & T. R.Co. v. Harriman, 227 U. S. 657, 672-673 (1913)s are permitted to contract around adefault statute of limitations, it follows that the same ruleapplies where the statute creating the cause of action issilent regarding a limitations period.The Wolfe rule necessarily allows parties to agree notonly to the length of a limitations period but also to itscommencement. The duration of a limitations period canbe measured only by reference to its start date. Each istherefore an integral part of the limitations provision, andthere is no basis for categorically preventing parties fromagreeing on one aspect but not the other. See ElectricalWorkers v. Robbins & Myers, Inc., 429 U. S. 229, 234(1976) (noting that "the parties could conceivably haveagreed to a contract" specifying the " 'occurrence' " thatcommenced the statutory limitations period)
The principle that contractual limitations provisionsordinarily should be enforced as written is especiallyappropriate when enforcing an ERISA plan. "The plan, inshort, is at the center of ERISA." US Airways, Inc. v. 7 8 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court McCutchen, 569 U. S. ___, ___ (2013) (slip op., at 11)."[E]mployers have large leeway to design disability andother welfare plans as they see fit." Black & Decker Disability Plan v. Nord, 538 U. S. 822, 833 (2003) the administrator's duty is to see thatthe plan is "maintained pursuant to [that] written instrument." 29 U. S. C. §1102(a)(1). This focus on the writtenterms of the plan is the linchpin of "a system that is [not]so complex that administrative costs, or litigation expenses,unduly discourage employers from offering [ERISA] plansin the first place." Varity Corp. v. Howe, 516 U. S. 489,497 (1996).Heimeshoff 's cause of action for benefits is likewisebound up with the written instrument. ERISA§502(a)(1)(B) authorizes a plan participant to bring suit"to recover benefits due to him under the terms of his plan,to enforce his rights under the terms of the plan, or toclarify his rights to future benefits under the terms of theplan." 29 U. S. C. §1132(a)(1)(B) (emphasis added). That"statutory language speaks of 'enforc[ing]' the 'terms of theplan,' not of changing them." CIGNA Corp. v. Amara, 563
U. S. ___, ___ (2011) (slip op., at 13). For that reason, wehave recognized the particular importance of enforcingplan terms as written in §502(a)(1)(B) claims. See id., at___ (slip op., at 13-14); Conkright v. Frommert, 559 U. S.506, 512-513 (2010); Kennedy v. Plan Administrator forDuPont Sav. and Investment Plan, 555 U. S. 285, 299-301(2009). Because the rights and duties at issue in this caseare no less "built around reliance on the face of writtenplan documents," Curtiss-Wright Corp. v. Schoonejongen,514 U. S. 73, 83 (1995)ry silence that Congress intended a different approachhere
We must give effect to the Plan's limitations provision Opinion of the Court unless we determine either that the period is unreasonably short, or that a "controlling statute" prevents thelimitations provision from taking effect. Wolfe, 331 U. S.,at 608. Neither condition is met here
Neither Heimeshoff nor the United States claims thatthe Plan's 3-year limitations provision is unreasonablyshort on its face. And with good reason: the United Statesacknowledges that the regulations governing internalreview mean for "mainstream" claims to be resolved inabout one year, Tr. of Oral Arg. 22, leaving the participantwith two years to file suit.4 Even in this case, where theadministrative review process required more time thanusual, Heimeshoff was left with approximately one year inwhich to file suit. Heimeshoff does not dispute that ahypothetical 1-year limitations period commencing at theconclusion of internal review would be reasonable. Id.,at 4. We cannot fault a limitations provision that wouldleave the same amount of time in a case with an unusuallylong internal review process while providing for a significantly longer period in most cases.Heimeshoff 's reliance on Occidental Life Ins. Co. of Cal.
v. EEOC, 432 U. S. 355 (1977)lined to enforce a State's 1-year statute oflimitations as applied to Title VII employment discrimination actions where the limitations period commencedbefore accrual. We concluded that "[i]t would hardly bereasonable" to suppose that Congress intended to enforcestate statutes of limitations as short as 12 months where ------ 4 Heimeshoff, drawing on a study by the American Council of LifeInsurers of recent §502(a)(1)(B) cases where timeliness was at issue,states that exhaustion can take 15 to 16 months in a typical case.Reply Brief 17-18, n. 3 (citing Brief for American Council of LifeInsurers et al. as Amici Curiae 29). In our view, that still leaves ampletime for filing suit. 9 10 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court the Equal Employment Opportunity Commission faced abacklog of 18 to 24 months, leaving claimants with littlechance of bringing a claim not barred by the State's statute of limitations. Id., at 369-371. In the absence of anyevidence that there are similar obstacles to bringing atimely §502(a)(1)(B) claim, we conclude that the Plan'slimitations provision is reasonable
Heimeshoff and the United States contend that even ifthe Plan's limitations provision is reasonable, ERISA is a"controlling statute to the contrary." Wolfe, supra, at 608.But they do not contend that ERISA's statute of limitations for claims of breach of fiduciary duty controls thisaction to recover benefits. See 29 U. S. C. §1113. Nor dothey claim that ERISA's text or regulations contradict thePlan's limitations provision. Rather, they assert that thelimitations provision will "undermine" ERISA's two-tieredremedial scheme. Brief for Petitioner 39; Brief for UnitedStates as Amicus Curiae 19. We cannot agree. 1
The first tier of ERISA's remedial scheme is the internalreview process required for all ERISA disability-benefitplans. 29 CFR §2560.503-1. After the participant files aclaim for disability benefits, the plan has 45 days to makean "adverse benefit determination." §2560.503-1(f)(3).Two 30-day extensions are available for "matters beyondthe control of the plan," giving the plan a total of up to 105days to make that determination. Ibid. The plan's timefor making a benefit determination may be tolled "due toa claimant's failure to submit information necessary todecide a claim." §2560.503-1(f)(4). Following denial, the plan must provide the participantwith "at least 180 days . . . within which to appeal thedetermination." §§2560.503-1(h)(3)(i), (h)(4). The plan Opinion of the Court has 45 days to resolve that appeal, with one 45-day extension available for "special circumstances (such as the needto hold a hearing)." §§2560.503-1(i)(1)(i), (i)(3)(i). Theplan's time for resolving an appeal can be tolled again ifthe participant fails to submit necessary information.§2560.503-1(i)(4). In the ordinary course, the regulationscontemplate an internal review process lasting about oneyear. Tr. of Oral Arg. 22. If the plan fails to meet its owndeadlines under these procedures, the participant "shallbe deemed to have exhausted the administrative remedies." §2560.503-1(l). Upon exhaustion of the internalreview process, the participant is entitled to proceed immediately to judicial review, the second tier of ERISA'sremedial scheme. 2
Heimeshoff and the United States first claim that thePlan's limitations provision will undermine the foregoinginternal review process. They contend that participantswill shortchange their own rights during that process inorder to have more time in which to seek judicial review.Their premise-that participants will sacrifice the benefitsof internal review to preserve additional time for filingsuit-is highly dubious in light of the consequences of thatcourse of action. First, to the extent participants fail to develop evidenceduring internal review, they risk forfeiting the use of thatevidence in district court. The Courts of Appeals havegenerally limited the record for judicial review to theadministrative record compiled during internal review.See, e.g., Foster v. PPG Industries, Inc., 693 F. 3d 1226,1231 (CA10 2012); Fleisher v. Standard Ins. Co., 679 F. 3d116, 121 (CA3 2012); McCartha v. National City Corp.,419 F. 3d 437, 441 (CA6 2005). Second, participants arenot likely to value judicial review of plan determinationsover internal review. Many plans (including this Plan) 11 12 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court vest discretion over benefits determinations in plan administrators. See Firestone Tire & Rubber Co. v. Bruch,489 U. S. 101, 111-112 (1989)scretion); see also App. in No. 12-651-cv (CA2), p. 34.Courts ordinarily review determinations by such plansonly for abuse of discretion. Metropolitan Life Ins. Co. v.Glenn, 554 U. S. 105, 115-116 (2008). In short, participants have much to lose and little to gain by giving up thefull measure of internal review in favor of marginal extratime to seek judicial review. 3
Heimeshoff and the United States next warn that it willendanger judicial review to allow plans to set limitationsperiods that begin to run before internal review is complete. The United States suggests that administratorsmay attempt to prevent judicial review by delaying theresolution of claims in bad faith. Brief for United Statesas Amicus Curiae 19; see also White, 488 F. 3d, at 247-248. But administrators are required by the regulationsgoverning the internal review process to take promptaction, see supra, at 10-11, and the penalty for failure tomeet those deadlines is immediate access to judicial review for the participant. 29 CFR §2560.503-1(l). In addition, that sort of dilatory behavior may implicate one ofthe traditional defenses to a statute of limitations. Seeinfra, at 14-15. The United States suggests that even good-faith administration of internal review will significantly diminish theavailability of judicial review if this limitations provisionis enforced. Forty years of ERISA administration suggest otherwise. The limitations provision at issue is quitecommon; the vast majority of States require certain insurance policies to include 3-year limitations periods that run Opinion of the Court from the date proof of loss is due.5 But there is no significant evidence that limitations provisions like the one herehave similarly thwarted judicial review. As explainedabove, see supra, at 10-11, ERISA regulations structureinternal review to proceed in an expeditious manner. Itstands to reason that the cases in which internal reviewleaves participants with less than one year to file suit arerare. Heimeshoff identifies only a handful of cases inwhich §502(a)(1)(B) plaintiffs are actually time barred as aresult of this 3-year limitations provision. See Abena v.Metropolitan Life Ins. Co., 544 F. 3d 880 (CA7 2008);Touqan v. Metropolitan Life Ins. Co., 2012 WL 3465493 ------ 5 See Ala. Code §§27-19-14, 27-20-5(7) (2007); Alaska Stat.§21.54.030(7) (2012); Ark. Code Ann. §§23-85-116, 23-86-102(c)(7)(2004); Cal. Ins. Code Ann. §10350.11 (West 2013); Colo. Rev. Stat.Ann. §10-16-202(12) (2013); Conn. Gen. Stat. §38a-483(a)(11) (2012);Del. Code Ann., Tit. 18, §§3315, 3541(7) (1999); Ga. Code Ann. §33-29-3(b)(11) (2013); Haw. Rev. Stat. §431:10A-105(11) (Cum. Supp. 2012);Idaho Code §§41-2115, 41-2207(7) (Lexis 2010); Ill. Comp. Stat., ch.215, §5/357.12 (West 2012); Ind. Code §27-8-5-3(a)(11) (2004); IowaCode §514A.3(1)(k) (2008); Ky. Rev. Stat. Ann. §§304.17-150, 304.18-070(7) (West 2012); Me. Rev. Stat. Ann., Tit. 24-A, §2715 (2000); Mass.Gen. Laws, ch. 175, §108(3)(a)(11) (West 2011); Mich. Comp. Laws§500.3422 (2002); Minn. Stat. §62A.04(2)(11) (2012); Miss. Code Ann.§83-9-5(1)(k) (2011); Mo. Rev. Stat. §376.777(1)(11) (2000); Mont. CodeAnn. §33-22-602(7) (2013); Neb. Rev. Stat. §44-710.03(11) (2010);Nev. Rev. Stat. §§689A.150, 689B.080(9) (2011); N. H. Rev. Stat.Ann. §415:6(I)(11) (West Supp. 2012); N. J. Stat. Ann. §17B:26-14(West 2006); N. M. Stat. Ann. §59A-22-14 (2013); N. Y. Ins. Law§3216(d)(1)(K) (West Supp. 2013); N. C. Gen. Stat. Ann. §58-51-15(a)(11) (Lexis 2011); N. D. Cent. Code Ann. §26.1-36-05(14) (Lexis2010); Ohio Rev. Code Ann. §3923.04(K) (Lexis 2010); Okla. Stat., Tit.36, §4405(A)(11) (West 2011); Ore. Rev. Stat. §743.441 (2011); 40 Pa.Cons. Stat. §753(A)(11) (1999); R. I. Gen. Laws §27-18-3(a)(11) (Lexis2008); S. D. Codified Laws §58-18-27 (2004); Tenn. Code Ann. §56-26-108(11) (2008); Tex. Ins. Code Ann. §1201.217 (West Supp. 2012); Vt.Stat. Ann., Tit. 8, §4065(11) (2009); Va. Code Ann. §38.2-3540 (Lexis2007); Wash. Rev. Code §48.20.142 (2012); W. Va. Code Ann. §33-15-4(k) (Lexis 2011); Wyo. Stat. Ann. §§26-18-115, 26-19-107(a)(vii)(2013). 13 14 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court (ED Mich., Aug. 14, 2012); Smith v. Unum Provident, 2012WL 1436458 (WD Ky., Apr. 24, 2012); Fry v. Hartford Ins.Co., 2011 WL 1672474 (WDNY, May 3, 2011); Rotondi v.Hartford Life & Acc. Group, 2010 WL 3720830 (SDNY,Sept. 22, 2010). Those cases suggest that this barrier fallson participants who have not diligently pursued theirrights. See Abena, supra, at 884 (by his own admission,there was "no reason" plaintiff could not have filed suitduring the remaining seven months of limitations period);Smith, supra, at *2 (plaintiff filed suit four years after thelimitations period expired, and six years after final denial); Rotondi, supra, at *8 ("Application of the . . . limitations period works no unfairness here"); see also Rice, 578
F. 3d, at 457 (the participant "has not established that hehas been diligently pursuing his rights" and "has given noreason for his late filing"); Burke, 572 F. 3d, at 81 (following exhaustion, "two years and five months of the limitations period remained"); Salerno v. Prudential Ins. Co. ofAmerica, 2009 WL 2412732, *6 (NDNY, Aug. 3, 2009)("Plaintiff 's proof of loss was untimely by over ten years").The evidence that this 3-year limitations provision harmsdiligent participants is far too insubstantial to set asidethe plain terms of the contract.Moreover, even in the rare cases where internal reviewprevents participants from bringing §502(a)(1)(B) actionswithin the contractual period, courts are well equipped toapply traditional doctrines that may nevertheless allowparticipants to proceed. If the administrator's conductcauses a participant to miss the deadline for judicial review, waiver or estoppel may prevent the administratorfrom invoking the limitations provision as a defense. See,e.g., Thompson v. Phenix Ins. Co., 136 U. S. 287, 298-299(1890)dm'rs, Inc., 401
F. 3d 1114, 1119 (CA9 2005). To the extent the participant has diligently pursued both internal review andjudicial review but was prevented from filing suit by ex-Opinion of the Court traordinary circumstances, equitable tolling may apply.Irwin v. Department of Veterans Affairs, 498 U. S. 89, 95(1990) between privatelitigants are customarily subject to 'equitable tolling' ").6 Finally, in addition to those traditional remedies, plansthat offer appeals or dispute resolution beyond what iscontemplated in the internal review regulations mustagree to toll the limitations provision during that time. 29CFR §2560.503-1(c)(3)(ii). Thus, we are not persuadedthat the Plan's limitations provision is inconsistent withERISA
Two additional arguments warrant mention. First,Heimeshoff argues-for the first time in this litigation-that the limitations period should be tolled as a matter ofcourse during internal review. By effectively delaying thecommencement of the limitations period until the conclusion of internal review, however, this approach reconstitutes the contractual revision we declined to make. As weexplained, the parties' agreement should be enforcedunless the limitations period is unreasonably short orforeclosed by ERISA. The limitations period here is neither. See supra, at 9-10, 11-14, and this page. Nor do the ERISA regulations require tolling duringinternal review. A plan must agree to toll the limitationsprovision only in one particular circumstance: when a planoffers voluntary internal appeals beyond what is permitted by regulation. §2560.503-1(c)(3)(ii). Even then, thelimitations period is tolled only during that specific portion of internal review. This limited tolling requirementwould be superfluous if the regulations contemplatedtolling throughout the process. ------ 6 Whether the Court of Appeals properly declined to apply those doctrines in this case is not before us. 569 U. S. ___, ___ (2013); Pet. forCert. i. 15 16 HEIMESHOFF v. HARTFORD LIFE & ACCIDENT INS. CO. Opinion of the Court Finally, relying on our decision in Hardin v. Straub, 490
U. S. 536 (1989), Heimeshoff contends that we must inquire whether state law would toll the limitations periodthroughout the exhaustion process. In Hardin, we interpreted 42 U. S. C. §1983 to borrow a State's statutorylimitations period. We recognized that when a federalstatute is deemed to borrow a State's limitations period,the State's tolling rules are ordinarily borrowed as wellbecause " '[i]n virtually all statutes of limitations thechronological length of the limitation period is interrelatedwith provisions regarding tolling . . . .' " 490 U. S., at 539(quoting Johnson v. Railway Express Agency, Inc., 421
U. S. 454, 464 (1975)); see also Board of Regents of Univ. ofState of N. Y. v. Tomanio, 446 U. S. 478, 484 (1980)e of limitations and the coordinate tolling rules" are "binding rules of law"). But here,unlike in Hardin, the parties have adopted a limitationsperiod by contract. Under these circumstances, wherethere is no need to borrow a state statute of limitationsthere is no need to borrow concomitant state tolling rules
We hold that the Plan's limitations provision is enforceable. The judgment is, accordingly, affirmed. It is so ordered.


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I want whatever this guy has been drinking....
I want whatever this guy has been drinking....
not banned anymore
LOL! That was a good read..
The new fad "Posting while sober".
Try to get attention for your ad for a crappy-ass mountain bike by being long-winded, incoherent, and generally obnoxious is more like it. Boo to that.Originally Posted by SCARFACE
Originally Posted by Dr Irwin Goldstein
Wisconsin, land of beer and bikes. I am actually thinking about getting it. I would def. get it if it was a High Life bike.
not banned anymore
fuk that ****! dude is creative and funny. and crazy as a ****house rat. why not make something as boring as a CL listing into something fun. probably won't sell it that way, but i still found it hilarious.Originally Posted by Aeroplane
posting sober is the new posting drunk.
ok, sorry, it's cliche, but I just had to say it.


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WASHINGTON — The labor market is healing faster for immigrants than for U.S.-born workers as the growing economy favors those at the low and high ends of the pay scale.
Joblessness among those born outside the United States averaged 8.1 percent in 2012, down from 9.7 percent three years earlier, according to Labor Department data released to Bloomberg. In the same period, the rate among those born in the country fell to 8.1 percent from 9.2 percent.
Working immigrants, who are more likely than native-born Americans to either lack a high-school diploma or to hold an advanced degree, have gained from a decades-long divergence in the labor market that has swelled demand for jobs paying above- and below-average wages. Amid this dynamic, the battle over comprehensive changes in immigration law is coming to the forefront in Congress.
Foreign-born workers "increase efficiency in the economy, and by increasing efficiency, they eliminate bottlenecks," said Pia Orrenius, a senior economist at the Federal Reserve Bank of Dallas who has studied immigration. Their availability "lowers overall unemployment and increases economic growth."
- Designed in Seattle, this $1 cup could save millions of babies
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Most Read Stories
From 2009 through 2012, the number of immigrants employed in the United States rose 6.5 percent to 23 million, compared with a 1 percent gain to 119.5 million for those born in the United States, Labor Department data show.
A strengthening economy, along with better-than-forecast corporate earnings and improving global growth, sent U.S. stocks higher. The Standard & Poor's 500 Index has been up for seven consecutive weeks, leaving it near its highest level since October 2007.
The data from the U.S. Labor Department also showed immigrants experienced job growth in 13 of 14 occupational categories tracked, according to data compiled by Bloomberg. U.S-born workers saw growth in nine.
Underlying those figures, immigrants' gains during the past three years were concentrated in low- and high-paying categories that range from health care to management. Only in manufacturing did those born in the U.S. see bigger gains than their foreign counterparts.
The increases mirror a pattern that has developed in the labor market independent of birth status: Middle-income workers are losing out as low-wage jobs, such as landscaping and food preparation, and high-wage positions, such as dentistry and engineering, show outsized increases. Middle-wage jobs include work in office administration and factory production.
Economists including Daron Acemoglu and David Autor, both at the Massachusetts Institute of Technology, have attributed this job polarization to the loss of positions that require repetitive tasks and can be replaced by technology.
The skills immigrants bring to the country help them fit into the available work opportunities. About 24 percent of employed foreigners over the age of 25 did not have a high-school diploma in 2012, compared with 4.6 percent of American-born workers, according to the Labor Department. At the other extreme, 14.1 percent of working immigrants held an advanced degree, higher than the 13.5 percent of U.S.-born employees.
"Immigrants basically go to industries that are growing and help them grow faster," said Alex Nowrasteh, an immigration policy analyst at the Cato Institute in Washington.


text:
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Opened in Theaters: Friday, November 19th, 2004
Directed by Sherm Cohen
Genre: Comedy
Running Time: 1:30
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The SpongeBob SquarePants Movie
The tale of a free-spirited sponge named SpongeBob SquarePants who loves his job as a fry cook at the Krusty Krab diner and lives in a pineapple at the bottom of the sea. In this adventure, the... View more >
some mild crude humor
Starring Tom Kenny, Alec Baldwin, Bill Fagerbakke... View more >
Reviews Summary
Please Note: Reader Reviews are submitted by the readers of The BigScreen Cinema Guide and represent their own personal opinions regarding this movie, and do not represent the views of The BigScreen Cinema Guide, or any of its associated entities.
Another Nicktoon hits the big screen in "Sponge Bob Square Pants Movie." Sponge Bob, who looks like a rice krispie treat, is very funny on the big screen as well as on the small screen. the film's character are dumb-down, but not the script which is very funny. I am very amused by this movie.
How can anyone like this type of movie??? It's an insult to our inteligence. What a waste of hard earned money!
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Tunify lets you control the way you listen to music, gracefully managing iTunes and Spotify. It's a simple, slick, mini music player, accessed through your menu bar. Install Tunify and see how beautiful control can be.
What's New
Version 1.5.1:
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The Affordable Care Act: Helping Consumers Make Healthier Choices
This post is part of a weekly "Did You Know" blog series that highlights important, but not well known features of the health reform law about prevention, wellness, and personal responsibility for our health.
Did you know that the Affordable Care Act requires large-scale restaurants and vending machines to display nutritional information at the point of purchase for consumers?
An important but mostly overlooked measure in the Affordable Care Act's effort to combat obesity rates and bring down health care costs in the United States is likely to be noticed by consumers all over the country when it goes into effect later this year. The health reform law mandates chain restaurants with 20 or more locations to display the calorie content of standard items sold on the menu board or table menus, and to make other nutritional information, like fat, cholesterol, and fiber content, available in written form upon request. This new rule also pertains to vendors with at least 20 vending machines across the country. These vendors will have to make the calorie content of the foods sold visible to consumers at the point of purchase. Because this rule applies only to large-scale restaurants and vendors, small business owners with fewer than 20 locations will not be affected.
The goal is to make information available to consumers so they can make healthier choices when eating away from home. Studies show that consumers are increasingly getting more and more of their diets from food outside the home, from restaurants, fast food chains, and vending machines. Americans report spending almost half of their food budgets on away-from-home foods, and most parents report feeding their families restaurant-prepared meals at least once or twice a week. But American consumers know little about the nutritional value of the food they are consuming when eating out, and most tend to underestimate the number of calories and fat content in away-from-home foods. I like to think of myself as a fairly knowledgeable consumer, but I was shocked last week when I discovered that the sandwich I had ordered had over 1,000 calories—had I known the nutritional facts when I ordered, I definitely would have changed my dinner plans!
With obesity and other diet-related chronic health conditions like Type 2 diabetes and heart disease at alarming levels and on the rise in our country (two out of every three adults and one out of every three children in the U.S. are overweight or obese), nutrition and public health advocates believe that disclosing the caloric and nutritional value of foods served at restaurants and available in vending machines will help consumers make better choices about the food they eat away from home. Experts say that it is hard to tell how much nutrition labeling will affect individual consumer choice, and that more research needs to be done on this topic. However, studies show that, after nutrition labeling became mandatory for packaged foods sold in grocery stores, the demand for healthier cheeses tripled and the demand for fat-modified cookies increased 15 percent. The American Dietetic Association agrees, even small individual changes in food choice multiplied by millions of consumers can make a significant impact on public health and help improve the food supply by consumer demand. And it can bring down health care costs, both at the individual and national level, by preventing unnecessary and costly chronic health conditions often exacerbated by obesity.
While the impact of this legislation seems difficult to predict, who can argue with the notion that knowledge is power for American consumers?
For more information about the importance of nutrition in your diet and educational resources, visit the American Dietetic Association online.
For more on how the Affordable Care Act is working to combat obesity and other chronic health conditions, visit healthreform.gov.
Interested in an in-person presentation on how health reform is rolling out in Illinois and what it means for individuals? Are you a direct service provider or advocate for vulnerable populations and interested in how the Affordable Care Act will impact the population you serve? Rachel Gielau, health policy expert at the Shriver Center, is giving free in-person presentations to Illinois audiences on how health reform is affecting individual and families in Illinois. Contact Rachel Gielau at 312-368-1154 to set up a presentation for your organization!
This blog post was coauthored by Rachel Gielau.


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The 24th Colorado Teen Literature Conference will be at the Tivoli, on the Auraria Campus on Saturday, March 31. The conference opens with Todd Mitchell, the author of The Traitor King and The Secret to Lying.
The conference features various classes and workshops presented by experts who specialize in teen literature and working with teens. One of the highlights of the conference is attending the luncheon, featuring keynote author Maggie Stiefvater, who wrote The Scorpio Races and The Wolves of Mercy Falls Trilogy. The conference closes with both Todd Mitchell and Maggie Stiefvater answering questions from a teen panel.
All DPL locations will be closed May 29 & 30. Westwood also closed May 28. More...
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CIRCA 2004, when mobile advertising and telemarketing were concepts still unheard of and the country was yet to wake up to 100% cellular connectivity, mobile users started getting calls from a familiar voice saying Main Atal Bihari Vajpayee bol raha hoon. It was a recorded message from the then incumbent prime minister seeking a second term in office.
The Bharatiya Janata Partys (BJPs) innovative platform might not have made any difference to its poll prospects in the general election that year, but it definitely ushered in a new era in poll advertising and voter reach campaigns.
Back to 2014, BJP is again pinning hopes on a similar poll plank that, it believes, will be a game-changer. So, move over trinkets, masks, apparel and other traditional paraphernalia, and say hello to mobile phone apps, games, websites, ringtones and fully-loaded smartphones dedicated to the man of the momentthe partys prime ministerial candidate, Narendra Modi.
As per an Election Commission estimate, about 90,000 voters, aged between 18 and 22 years, will be eligible to vote for the first time in each Lok Sabha constituency this year. This underlines the importance of the young voters often seen as impatient and aspirationalas the saffron party and its associated groups
try to woo them with new-age strategies.
The Gujarat chief minister, who has set a target of 272 Lok Sabha seats this time around, is also running an online campaignaptly called India272 to mobilise the young masses. Modi himself is an ardent user of technology. A prolific tweeter with 3.48 million followers on Twitter, he had been using 3D technology to appear at more than one political rally simultaneously.
To manage BJPs social media campaign on Facebook and Twitter, Arvind Gupta, the head of BJPs IT cell, says theres a core team of 10 people in place. This is apart from millions of supporters who make initiatives like India272 successful, he adds.
The first vote is almost 30 days away from today and we dont have time to do anything new. Our online campaign is now in the last gear. Our India272 campaign has got an overwhelming response on Twitter, Gupta says.
But not all apps and games that are available today have been developed by the BJP or Modis campaign teams.
Only official applications of the party and Modi are managed by us. The games have been developed by supporting groups. The party is not financing any such activity, Gupta explains.


text:
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Chicago Bridge & Iron Company N.V. (
) will begin trading ex-dividend on September 18, 2013. A cash
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This marks the 11th quarter that CBI has paid the same dividend. At
the current stock price of $64.21, the dividend yield is .31%.
The previous trading day's last sale of CBI was $64.21,
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CBI is a part of the Basic Industries sector, which includes
companies such as Quanta Services, Inc. (
) and SolarCity Corporation (
). CBI's current earnings per share, an indicator of a company's
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For more information on the declaration, record and payment
dates, visit the
Dividend History
page. Our
Dividend Calendar
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weighting of CBI at 2.98%.
The views and opinions expressed herein are the views and opinions of the author and do not necessarily reflect those of Nasdaq, Inc.
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Every Tuesday, Queens Library will introduce you to a great book!
Our #BookTuesday pick for May 31 is Sailor and Fiddler: Reflections of a 100-Year-Old Author by Herman Wouk.
In an unprecedented literary accomplishment, Herman Wouk, one of America's ...
May is Asian-Pacific American Heritage Month! Several upcoming Queens Library events will honor Asian Americans and Pacific Islanders in our borough, our city, and beyond, including our ongoing program series "Living Memory: The Culture and Heritage of Chinese New Yorkers." Visit our Events webpage throughout the month for ...
Queens Library is offering a unique opportunity for kids to build their knowledge of computer science and coding!
Google CS First is a free program for children in grades 4-8 that increases access and exposure to computer science (CS) education through after-school, in-school, and summer ...
How has your community library affected your life? It's a complex question, but all we need is a one sentence answer!
We're asking our customers and supporters to share their one sentence about the library's impact on their lives.
You can visit the One Sentence Stories website at ...
We hope you can join us at your community library in May and June!
Our President & CEO, Dennis Walcott, will partner with our elected officials for Story Time, a chance for you to read with your kids and share the joy of learning with them.
And as the Mayor and the City Council negotiate their final ...
Many bands will enter, but only one will be chosen as the winner at Queens Library's 2nd Annual Battle of the Bands!
This year, the competition is fiercer than ever, and bands will rock out at the 2,100-seat Colden Auditorium at Queens College's Kupferberg Center for the Arts on Thursday, July 14.
Queens has ...
Congratulations to First Lady Chirlane McCray for hosting the first meeting of the Gracie Book Club on May 17!
She and her guests participated in a live stream broadcast discussion of Tanwi Nandini Islam's novel Bright Lines, moderated by author James ...
The new issue of Queens Library Magazine is out now!
Queens Library Magazine combines great library-themed feature stories and two months' worth of information about our free programs, services, and special events, and it's available at your neighborhood library or ...
Free computer access is available at all the libraries.
The Poppenhusen Community Library has:
International Language Collections at the Poppenhusen Community Library include:
Special Interest/Noteworthy Collections at the Poppenhusen Community Library include:
| Child Care / Preschools
Community Board
Community Organizations & Services
Fire Department
Local Hospitals
Local Newspapers
| Parks and Playgrounds
Police Department
Post Office
Private / Parochial Schools
Public Elementary Schools
Public High Schools
| Public Intermediate / Junior High Schools
Senior Centers
Elected Officials
Special Services
|Child Care / Preschools
Flushing YMCA Nursery School
13846 Northern Blvd
Flushing NY , 11354
phone: (718) 961-6884
Little Angels Day Care
3-17 127 St.
College Point NY , 11356
phone: (718) 353-0544
Sensational Kids
12406 14th Ave.
Flushing NY , 11356
phone: (718) 445-2580
Corner School
15003 Bayside Ave.
Flushing NY , 11354
phone: (718) 445-2811
Tutor Time Learning Ctr.
2556 Ulmer St.
Flushing NY , 11354
phone: (718) 661-4700
Little Kids on the Block Group Daycare, Inc.
18-34 120 St.
College Point NY , 11356
phone: 718-359-1853
Daycare Kangaroo
13th Ave. and 127 St.
College Point NY , 11356
phone: 347-438-1141
Just Like Your Home Day Care Inc.
7-43 130 St.
College Point NY , 11356
phone: 718-461-2374
|Community Board
Community Board District # 7
45-35 Kissena Blvd.
Flushing NY , 11355
phone: (718) 359-2800
fax: (718) 463-3891
|Community Organizations & Services
College Point Civic & Taxpayers Assoc.
P.O. Box 564294
College Point NY , 11356
College Point Community Volunteer Ambulance Corps
123-06 18th Ave.
College Point NY , 11356
phone: (718) 353-0199
College Point Little League
1328 123rd St.
College Point NY , 11356
phone: (718) 460-8408
College Point Security Patrol
P.O. Box 4563,
College Point NY , 11356
Everett F. Herrel Post 885 VFW
120-19 14th Road
College Point NY , 11356
phone: (718) 762-8886
fax: (718) 762-8886
Oscar Ammann Post 853 American Legion
120-17 18th Ave.
College Point NY , 11356
phone: (718) 359-3029
Poppenhusen Institute
114-04 14th Road
College Point NY , 11356
phone: (718) 358-0067
College Point Arts Center
14-48 College Point Blvd.
College Point NY , 11356
phone: 718-539-3550
|Fire Department
Engine 273 Hook & Ladder
40-18 Union St.
Flushing NY , 11354
|Local Hospitals
New York Hospital Queens
5645 Main St.
Flushing NY , 11355
phone: (718) 670-1231 or (800) 282-6684
Flushing Hospital Medical Center
4500 Parsons Boulevard
Flushing NY , 11355
phone: (718) 670-5000
|Local Newspapers
Whitestone Times
|Parks and Playgrounds
College Point Park
College Point Blvd & 14th Ave.
Herman A. MacNeil Park
Poppenhusen Ave, College Place 115 St, East River
Poppenhusen Playground
20th Ave. Between 23rd & 124th St
|Police Department
109th Precinct
37-05 Union St.
Flushing NY , 11355
phone: (718) 670-5540
|Post Office
College Point Branch
120-05 15 Ave.
College Point NY , 11356
phone: (718) 359-8691
|Private / Parochial Schools
Promise Christian Academy (preK-8)
130-30 31 Ave.
Flushing NY , 11354
phone: (718) 461-4409
Holy Trinity School (1-8)
14-45 143rd St.
Whitestone NY , 11357
phone: (718) 746-1479
St. Agnes' Academic High School
13-20 124th St.
College Point NY , 11356
phone: (718) 353-6276
St. Fidelis School (K-8)
124-06 14th Ave.
College Point NY , 11356
phone: (718) 539-2628
|Public Elementary Schools
Community School District 25
30-48 Linden Place
Flushing NY , 11354
phone: (718) 281-7600
fax: (718) 281-7608
PS 29 (preK-5)
125-10 23rd Avenue
College Point NY , 11356
phone: (718) 886-5111
fax: (718) 461-6812
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College Point Senior Luncheon Club
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Hon. Melinda Katz
Hon. Bill de Blasio
In 1645, the Matinecock tribe sold 17,000 wooded acres of land to the Governor of the New Netherlands, Willem Kieft, who parceled the land out among Dutch and English settlers. A descendant of English nobility named William Lawrence received 900 acres in an area called Tew's Neck, as it was then called. In this way, he became College Point's first English settler. Later, a gentleman named Eliphalet Stratton acquired 320 acres of this original parcel, and Lawrence Neck became Strattonport. In 1838, the Reverend William Augustus Muhlenberg, rector of St. George Episcopal Church in Flushing, founded St. Paul's College on the site of what is now MacNeil Park. This institution lasted less than a decade, but its name became permanently stamped on the entire community of College Point.
In the 1850's, a German immigrant named Conrad Poppenhusen arrived in College Point and changed it forever. The process known as Vulcanization – the process of treating rubber to give it strength and durability – had recently been discovered, and Poppenhusen saw the economic potential. He was able to use hard rubber to replace whalebone (which was the standard at the time) in everything from ladies corsets to scientific equipment. Poppenhusen built a large factory in the area, employing hundreds of immigrant workers and constructed a model community with schools, water and sewage systems, a branch of the Long Island Railroad, and a cobblestone road to Flushing. The very first free Kindergarten in the United States was established by Conrad Poppenhusen at the Poppenhusen Institute, an edifice he created for the education and enlightenment of his workers. The original core collection of what would become the Library was housed within the Poppenhusen Institute.
In the year 1904, when Theodore Roosevelt was President of the United States, the Poppenhusen Branch of the Queens Borough Public Library opened its doors to an enthusiastic community. It was constructed of brick and stone in the Classical Revival style by Heins and LaFarge, and was one of the original Carnegie buildings in the Queens system. Only six of these remain in the borough. While the building itself was financed by railroad magnate Andrew Carnegie, the land was donated by the citizens of the College Point community. The core of the original collection was donated by Conrad Poppenhusen and family, comprised of the books that had originally been housed at the Poppenhusen Institute. In addition to achieving Landmark status, the branch has gone through a complete interior renovation which preserves its stately appearance while enhancing library service with modern technology. The library celebrated its official Centennial in October of 2004. The Poppenhusen branch proudly bears the name of the historic benefactor of College Point.
While College Point had become known during the latter part of the 19th Century as the hard rubber capital of the Northeast, plastics would eventually take over and replace hard rubber as a component in the manufacture of small consumer goods. The rubber company Mr. Poppenhusen had established at College Point moved to New Jersey in the 1930's, and the last of the College Point rubber factories closed in the 1970's. College Point is still home to a number of small businesses and factories, and its community remains vital and involved, solidified by long-time residents and merchants, and revitalized by new immigrant families. College Point, with its many changes over time, still maintains a waterside, small-town feel.


text:
- 246Promote
iPhone & iPod Touch Skins
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cars, ambulance, racing cars, retro...
So colorful!
lol I have those at my house. I love the really old ones.
wonderful subject matter, composition and colors! love it!
nice pic! nice car collection!
Thank you!
really love your photos! :)
this looks like my brothers car collection when he was little brings back a lot of good memories. Lovely.
so cute and fun!! :D
i still have mine!
Thank you all!
Very innovative and creative, you are awesome!
Thank you so much!
reminds me my childhoood........nice!
Wonderful! :)
I love that they look played with - I spotted a few of my old ones too.
ha! So cute! Brings me back to childhood :)
this is very interesting
my childhood
Great title, great composition!
See More Comments


text:
UK private equity firm Endless has backed a management led buyout of flooring accessories supplier Gradus from the company's previous owner Caird Capital.
Caird first invested in UK-based Gradus in 2007. Since then the company has developed to making £40m turnover with 300 employees.
Gradus was founded more than 50 years ago and has evolved from being a manufacturer and supplier of flooring accessories into offering a portfolio of commercial interior solutions including wall protection and lighting design.
Endless director Francesco Santinon who led the deal said, "Gradus is a great example of a stable and growing business which has demonstrated its strong market position through the recession.
"Endless is delighted to support the current management team to fully realise the business's potential as its end markets continue to benefit from the strong recovery in the economy."
Earlier this week AltAssets reported that the firm is said to be preparing to launch a new fund with a £400m target.
Copyright © 2014 AltAssets


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They had their big break as a boy band, but the Hanson brothers are all grown up now with kids of their own. In fact, one member of the trio welcomed his fifth child just yesterday!
That's right, Taylor Hanson, the middle brother, and his wife Natalie are the proud parents of five young children.
"Natalie and I are thrilled to announce the arrival of our newest family member, Wilhelmina Jane Hanson," Taylor, 29, tells People. "She arrived on Tuesday, Oct.2, and was welcomed by more love that could fit in the room."
Baby Wilhelmina joins older siblings Ezra, 9, Penelope, 7, River, 6, and Viggo, 3. His big extended family also includes Zac Hanson's two kids John and Junia and Isaac Hanson's sons Clarke and James.
As for their latest baby name pick, the busy mom recently explained that "the right name seems to come at the right time… no matter how 'perfect' the choice, it will only be a part of all this little person will become."
Are you a fan of the name Wilhelmina?
Here's a look at other celebrities who have big families…
Photos: PR Photos, INFPhoto.com


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Cast A Spell Perfume
By Lulu Guinness for Women
Cast A Spell Perfume by Lulu Guinness, Created by the whimsical british accesory designer, this woody/oriental fragrance for women evokes the magic of popular fairy tales such as cinderella and sleeping beauty . This scented potion explores both the wicked and the glorious; glittering notes of dark berries, frosted blackberry pulp, mulberry, red currant, iced lavender, lilac petals, davana blossom blend with darker notes , black velvet fig, amber, bourbon, white patchouli . A magical journey ... Read More ... Read More into an enchanted forest! All products are original, authentic name brands. We do not sell knockoffs or imitations.
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Customers Who Bought This Item Also Bought
About Lulu Guinness
History and background of Lulu Guinness. Lulu Guinness handbags are currently sold to some of the most exclusive stores in the world. Lulu also has three successful retail stores—one in London and two in the US. In 1999, she opened her first store on Ellis Street just off Sloane Street. In September 2001, Lulu opened her first US store in the heart of the West Village in New York City. Read more about Lulu Guinness
More Lulu Guinness fragrancesfor Women: Lulu Guinness , Life Is A Bed Of Roses , Lulu Guinness Pink Pearls ,
See all Lulu Guinness products
Customer Comments
I appreciated the quick response to my order. I had not been able to get this particular fragrance at the departments stores in our area. I was glad to be able to see that this fragrance was available from your company online and at a slightly lower price than some other online companies.
B. Volk (Carmel, IN)
REVIEW SNAPSHOT®by PowerReviews
- Great smell (14)
- Long-lasting (10)
- Draws compliments (8)
- Great value (8)
- Sensual (8)
Best Uses
- Anytime (12)
- Special occasions (6)
- Daily use (4)
- Evening (4)
- Reviewer Profile:
- Natural style (8), Adventurous style (5), Classic style (5)
- Fragrance Type:
- Oriental/spicy (9), Woody/earthy (7), Powdery (6), Citrus/fruity (4), Floral (4)
Most Liked Positive Review
Absolutley Wonderful!!!
"Cast a Spell" is one of those fragrances that falls under the 'you really love it' or 'you really dislike it" category. When I first came across this...Read complete review
"Cast a Spell" is one of those fragrances that falls under the 'you really love it' or 'you really dislike it" category. When I first came across this fragrance in 2006, I was underwhelmed and completely turned off. I thought it smelled rancid and awkward. I kept testing the fragrance in stores and over time I eventually began to enjoy it. Four years later I ordered it on a whim (and because of the dirt cheap price tag) and now I am in love with it.
I recommend this fragrance to those who adore the original Lolita Lempicka fragrance. Definitely a dark and sultry fragrance.
Most Liked Negative Review
A little bitter at first. Reminded me of Chamomile. Liked it more the longer it was on. Turned into a warm, woodsey scent. It does "cast a spell."
A little bitter at first. Reminded me of Chamomile. Liked it more the longer it was on. Turned into a warm, woodsey scent. It does "cast a spell."
Reviewed by 19 customers
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- Nice Smell
Best Uses
Comments about Lulu Guinness Cast A Spell Perfume:
I bought this for the name lol I liked it but my daughter camera visit and liked it more. So it went out the door. So my experience with it is limited lol
- Draws Compliments
- Great Smell
- Great Value
- Not Overpowering
Best Uses
- Anytime
Comments about Lulu Guinness Cast A Spell Perfume:
I always received compliments when I wore this perfume but had diffulty finding it.
- Clean & Fresh
- Great Smell
- Long-Lasting
- Not Overpowering
- Hard to find
Best Uses
- Anytime
Comments about Lulu Guinness Cast A Spell Perfume:
I use just a little every day and it last's forever it seems. Have had many compliments and my husband loves it!
- Fragrance Type:
- Herbal, Oriental/Spicy
- Clean & Fresh
- Draws Compliments
- Great Smell
- Great Value
- Long-Lasting
- Not Overpowering
- Sensual
Best Uses
- Anytime
Comments about Lulu Guinness Cast A Spell Perfume:
This perfume is good to use any time of day
Spray a little extra for special nights out
- Fragrance Type:
- Floral, Fresh/Aquatic, Powdery
- Great Smell
- Great Value
- Sensual
Best Uses
- Anytime
Comments about Lulu Guinness Cast A Spell Perfume:
This product has proved difficult to find! Not many companies stock it - this itself is a huge plus! I like the fact that I probably won't bump into anyone else wearing it! It's certainly different to any other fragrance I know.
- Fragrance Type:
- Oriental/Spicy, Woody/Earthy
Displaying reviews 1-5
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Gentoo 2008.0 with New Installer
After some turbulence concerning the status of the foundation and many delays, the free Gentoo project has revamped its Linux distribution and released version 2008.0.
In October 2007, the State of New Mexico, where the project resides, originally withdrew the foundation's status due to various formal errors. A number of sponsrs withdrew and Gentoo's founder Robbins was forced to issue a plea for help. These issues also impacted the development of the operating system itself and version 2007.1 was omitted. The foundation regained its status in mid-May and the developers can now go on with their work on the operating system.
In early April the project team released the beta version, and now the final version 2008.0 has been released. Besides updates for various software packages, the programmers say that the most important development is the new installer, improved hardware detection and revamped profiles. Because the installer now uses the packages and ebuild tree from the live CD, the installation will now complete without an Internet connection. The fact that Gentoo has moved to kernel version 2.6.24 means that more hardware drivers are available. Reworking of profiles in Gentoo 2008.0 has helped to reduce redundancies and thus facilitate future development work. From the user's point of view, the profile directories have changed: more information is available on the project's upgrade page. To reduce space requirements, the developers are using the Xfce interface instead of Gnome for the live CD version of version 2008.0 and later. The project team decided not to produce a live DVD for timing reasons.
Gentoo Linux claims to give users easy system configuration and customization options. Gentoo 2008.0 is now available for various platforms from the project page.
IndeedDonnie is correct.
The Gentoo Foundation's lapse in official status had absolutely nothing to do with any release delays. The primary reason for the delays and the cancellation of 2007.1 were purely manpower-related. Even if the Foundation had completely ceased to exist, we still would have canceled 2007.1 and come out with 2008.0 in the exact same manner. The Gentoo Foundation has exactly *ZERO* to do with the day-to-day operation and development of Gentoo Linux. The Foundation is simply an intellectual property container and a bank account.
Some clarificationsTo my knowledge, no sponsors withdrew, and we actually gained a new sponsor. Additionally, although 2007.1 was canceled, it was because of things directly related to the release process rather than the foundation, which has essentially zero impact on development of the distribution.
Developer, Gentoo Linux
Blog: http://dberkholz.wordpress.com
Issue 187/2016
Buy this issue as a PDF
Linux is the Largest Software Development Project in History
But if you are not using the latest Linux kernel, your system is insecure.
Linksys Says Yes to Open Source Firmware
Home routers will give room for custom firmware but still comply with FCC rules
OwnCloud Founder Resigns
Frank Karlitschek will continue to lead the open source ownCloud project
Ubuntu 16.04 LTS released
"Xenial Xerus" comes with a new packages format and several improvements for the enterprise.
MS Visual Studio Code Editor is Available for Linux
Linux users can now download and install the Windows code editor
Open Container Initiative announces Image Format Project
New initiative will address security and interoperability concerns around container technology.
Red Hat Lures Developers with Free RHEL and Container Development Kits
Developers can use RHEL as a development platform without a subscription fee.
Microsoft Brings the Linux Command Line to Windows
Windows users will soon have native access to the Bash shell.
Internet Research Group Proposes Better Email Standard
Improvements to SMTP will provide better guarantee of confidentiality
New Nvidia Driver Offers Wayland Support
Graphics vendor embraces new reality in Linux graphics


text:
« Kristin Cavallari Thinks Her Lack Of A Sad Story May Be To Blame For Her Elimination | Home | The X Factor Recap: The Final 32 »
Gene Simmons And Shannon Tweed Chat About Their Wedding
October 06, 2011 01:00 PM by Lisa Princ
Last weekend, Gene Simmons and Shannon Tweed of Gene Simmons Family Jewels were finally married, and now Gene Simmons and Shannon Tweed chatted about their big day. What did the newlyweds have to say? Read on to find out!
After finally tying the knot this past weekend, and 28 years together, Gene Simmons and Shannon Tweed have spoken out about their big day. Shannon Tweed says the wedding "was a giant jam session," while her husband, Gene Simmons added: "It was a great evening of music and fun. I look at my wedding band and think, 'What was I afraid of all this time?'" to People Magazine.
Sadly, Shannon Tweed's father could not walk her down the aisle, since he passed away nearly 30 years ago. Shannon shared how she had her father with her on her big day as she revealed: "My father died when I was 24 so he couldn't be at the wedding, so I melted some of the gold from his wedding ring and put it in two strands representing our two kids." Shannon Tweed also revealed that she purchased her ivory Rene Caovilla heels in a boutique in Santa Monica back in 2001, as she hoped she would wear them someday!
Again, a big congratulations to the happy couple! Stay tuned for details on when we can see the wedding on A&E!
Want more? Follow our tweets on Twitter and "like" us on Facebook! For other great Reality TV News, please feel free to check out SirLinksALot: Gene Simmons Family Jewels and then come and discuss the show on our reality TV message boards. For more breaking news about celebrities and entertainment visit our sister site SheKnows.com!
Photo Courtesy of A & E
Topics: A&E Reality TV Shows, Gene Simmons Family Jewels |
« Kristin Cavallari Thinks Her Lack Of A Sad Story May Be To Blame For Her Elimination | Home | The X Factor Recap: The Final 32 »


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"Dear Steve, Getting the same advertising from same company that keeps changing their name. Is National Remedy Center the same company Remedy Center Law Associates and Remedy Law and Remedy Center and Prudent law? Kevin" Dear Kevin, Good question. I sure do enjoy a good investigation. So let's go. Here is the information I can share with you and support ... Read More »
Home > Tag Archives: 888-476-6146


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FALLS CHURCH, Va. (AP) -- Polling shows the law remains unpopular with much of the public and that many people don't know what's in it. With crucial midterm elections six weeks away, the White House is undertaking an effort to tell people what's in the law that will help them.
Obama held a health care discussion Tuesday with about 20 people gathered in the sunny backyard of home in suburban Falls Church, Va. He said he sought the new law because rising health care costs were "bankrupting families, companies and our government."


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