United States Ninth Circuit

Summary judgment in favor of defendant-pension fund and other defendants on plaintiff's claims that defendant-fund abused its discretion in denying plaintiff benefits under the Alaska Electrical Pension Plan and that he was entitled to equitable relief under Employee Retirement Income Security Act of 1974 (ERISA), is affirmed where: 1) plaintiff failed to raise a genuine issue of material fact that the defendant-fund abused its discretion in denying him benefits, or that he was entitled to "appropriate equitable relief" under 29 U.S.C. section 1132(a)(3); and 2) plaintiff cannot demonstrate that defendant-fund waived its argument that plaintiff never vested.

Appellate Information

• Decided 06/06/2014
• Published 06/06/2014

Judges

• IKUTA

Court

• United States Ninth Circuit

Counsel