United States Ninth Circuit

Summary judgment in favor of defendant Alaska Electrical Pension Fund (AEPF) and other defendants on claims that the AEPF abused its discretion in denying the plaintiff benefits under the Alaska Electrical Pension Plan and that plaintiff was entitled to equitable relief under ERISA is: 1) affirmed as to the determination that plaintiff failed to raise a genuine issue of material fact regarding his entitlement to "appropriate equitable relief" under 29 U.S.C. section 1132(a)(3) in the form of equitable estoppel or reformation; 2) affirmed as to the AEPF's denial of benefits, as the AEPF complied with ERISA procedural requirements; and 3) vacated as to the ruling that plaintiff was not entitled to any form of "appropriate equitable relief," where the court ruling was made prior to the Supreme Court's decision in CIGNA Corp. v. Amara, and so it did not consider the availablility of the equitable remedy of surcharge as "appropriate equitable relief" for the purposes of section 1132(a)(3).

Appellate Information

• Decided 12/16/2014
• Published 12/16/2014

Judges

• Ikuta

Court

• United States Ninth Circuit

Counsel