Ellis M. Hurn v. Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southerncalifornia

Ellis Hurn appeals from the grant of summary judgment in favor of the Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern California (“the Fund”) and from the denial of his motion for leave to amend his complaint. We affirm in part and reverse in part.

Hum began receiving early retirement pension benefits in June, 1975. In November, 1975 Hurn accepted nomination to the office of president of Local 250. As a result, Hum’s pension benefits were suspended from February, 1976 until September, 1976. During the period of suspension Hurn was 58 and 59 years old.

Hurn filed suit claiming that the suspension violated section 203 of the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1053 . The district court held that Hurn fáiled to state a claim under ERISA, and that the complaint alleged no other basis of federal jurisdiction. Hurn v. Retirement Fund Trust, 460 F.Supp. 112 (C.D.Cal.1978). Hum’s motion for leave to amend his complaint to allege a claim under section 302 of the Taft-Hartley Act, 29 U.S.C. § 186 , filed approximately two years after his original complaint, was denied without a statement of reasons.

Hurn contends that: (1) he…