Mark Legassie v. Raytheon Company Employee Benefits Administration Committee

MEMORANDUM

Mark Legassie appeals from the district 'court’s entry of judgment against him on his claims that Raytheon violated various ERISA notice and disclosure provisions. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Legassie’s argument that 29 U.S.C. § 1059 (a)(1) should be read as referring to termination or a break in participation or credited service is waived because he did not raise it below. In re E.R. Fegert, Inc., 887 F.2d 955, 957 (9th Cir.1989) (“The rule in this circuit is that appellate courts will not consider arguments that are not ‘properly raise[d]’ in the trial courts.”).

The district court’s factual finding that the Raytheon Company Employee Benefits Committee provided Legassie with a summary plan description in 2009 was not clearly erroneous. Furthermore, while 29 U.S.C. § 1024 (b)(1) requires the plan administrator to distribute a summary plan description every ten years, or every five years if there is an amendment to the plan, Legassie did not offer any evidence in the district court to support his argument that Raytheon was required to provide him with a summary plan description prior to the one provided in 2009. Thus, the district…