Gregory Gabriel v. Alaska Electrical Pension Fund

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GREGORY R. GABRIEL, No. 12-35458 Plaintiff-Appellant, D.C. No. v. 3:06-cv-00192-

TMB

ALASKA ELECTRICAL PENSION

FUND; TRUSTEES OF THE ALASKA

ELECTRICAL PENSION FUND; ORDER AND

PENSION ADMINISTRATIVE OPINION

COMMITTEE OF THE ALASKA

ELECTRICAL PENSION FUND;

APPEALS COMMITTEE OF THE

ALASKA ELECTRICAL PENSION

FUND; GREGORY STOKES; GARY

BROOKS; STEVE BOYD; JOHN

GIUCHICI; CHERESA MACLEOD;

SCOTT BRINGMANN; DAVID CARLE;

JIM FULLFORD; MARY TESCH;

KNUTE ANDERSON; MIKE BAVARD;

LARRY BELL; VINCE BELTRAMI,

Defendants-Appellees.

Appeal from the United States District Court for the District of Alaska Timothy M. Burgess, District Judge, Presiding

Argued and Submitted August 14, 2013—Anchorage, Alaska Opinion filed: June 6, 2014 Opinion withdrawn and new Opinion filed: December 16, 2014

Before: Alex Kozinski, Marsha S. Berzon, and Sandra S. Ikuta, Circuit Judges.

Order; Opinion by Judge Ikuta; Concurrence by Judge Kozinski

SUMMARY*

Employee Retirement Income Security Act

The panel withdrew its prior opinion, denied…