Park

Park v. Board of Trustees

Good Law
1971 Cal. App. LEXIS 1103·21 Cal. App. 3d 630·98 Cal. Rptr. 859
Court of Appeal of CaliforniaNovember 24, 1971Civ. 27998California734 words

Opinion

Opinion

Kane, J.

dismissing her action upon the grounds that the decision of defendant Board of Trustees is binding and final.

Appellant is a widow whose husband, Robert D. Park, had been for more than 49 years immediately prior to his death a member of Operating Enginners, Local Union No. 3 of the International Union of Operating Engineers.

Said union and Northern and Central California Chapter, The Associated General Contractors of America, Inc., entered into a trust agree ment on December 30, 1959, providing for the establishment of a pension plan administered by respondent Board of Trustees.

Upon attaining 65 years of age, Mr. Park made a written application to respondent for retirement benefits on October 27, 1965. At the time of making said application, Mr. Park was in all respects qualified and entitled to maximum benefits under said pension plan.

On or about December 17, 1965, he was notified in writing by respondent that his application for a pension had been approved and his pension would start with the month of February 1966.

Mr. Park died on January 12, 1966, before the pension payments started. Appellant widow, a duly designated beneficiary under said plan, made a timely…

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