Harry Sailer v. Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern California

Appellant, Harry Sailer, a participant in a union pension plan, challenges the denial of his application for a disability pension. He claims that the denial was arbitrary and capricious, in violation of Section 302(c)(5) of the Taft-Hartley Act, 29 U.S.C. § 186 (c)(5). Mr. Sailer appeals from the district court’s grant of summary judgment against several of his principal claims. We affirm.

The appellant is a former plumber, union member, and participant in the appellee, Retirement Trust. He would clearly qualify for a disability pension but for a break in employment followed by his failure to file a notice required by the pension plan (“the plan”).

Under Article V, Section 6 of the plan, generally all credits are canceled if there is a break in employment. A break in employment occurs if an employee fails to work a minimum amount during a period of five consecutive years. This is known as the “break rule”. Under Article V, Section 7 of the plan an employee fifty years of age who has twelve years of pension credits is not subject to the break rule if he files appropriate notices.

The appellant has not worked in covered employment since 1966. He turned fifty one year before the…