Teacher:In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Teacher: Now, understand the problem? Solve this instance: 1, 1953, until August 2, 1974, a period of 21 years and 2 months. At the time of his retirement, Falardo was eligible for both a "for service" retirement ("Service Retirement"), which requires 20 years of service, and an ordinary disability retirement ("Disability Retirement"). Only retirees who satisfy the Service Retirement prerequisites are eligible to receive benefits from the VSF. See N.Y.C. Admin. Code ("Code") 13-271(a)(8). Falardo alleges that the Police Pension Board and his Police Benevolent Association ("PBA") representative failed to inform him 707 N.E.2d 444 (N.Y.1998), cert. denied, 526 U.S. 1131, 119 S.Ct. 1804, 143 L.Ed.2d 1008 (1999); Bergamine v. Patrolmen's Benevolent Ass'n of the City of New York, Inc., 202 A.D.2d 201, 608 N.Y.S.2d 431 (App. Div. 1st Dep't 1994) (<HOLDING>), appeal denied, 83 N.Y.2d 758, 615 N.Y.S.2d
Holding statements: (A) holding that state law fraud claims are preempted by the federal labor law duty of fair representation (B) holding that unions interpretation of a contractual provision necessarily favorfing some workers over others did not violate the duty of fair representation (C) holding that sixmonth duty of fair representation statute of limitations applicable to claim alleging breach of union contract (D) holding that the pba did not violate its duty of fair representation by not taking steps to insure plaintiffs would receive vsf benefits (E) holding intentional conduct without rational basis is arbitrary breach of duty of fair representation
Student:
(D)