Don Ray Smith v. Cmta-Iam Pension Trust

concurring in part and dissenting in part:

I concur in the majority’s analysis and disposition of the first two issues raised on this appeal, including its disposition of appellant’s ERISA claim. However, I am unable to agree with the majority’s disposition of his state law claim and, in my view, it is unnecessary to reach the issue of whether or not it was error for the district court to refuse to consider appellant’s late-filed affidavit. Therefore, I respectfully dissent from those portions of the majority’s opinion.

One of the grounds on which appellant bases his contention that appellees’ refusal to pay him his vested pension benefits was wrongful is that the suspension clause of the CMTA-IAM Pension Plan (the “Plan”) is contrary to state law. There is no dispute that California law governs, unless preempted by the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 , et seq. (“ERISA”).

The Plan’s suspension provisions provide that already-vested pension benefits of a retired member of the Plan are subject to suspension if, after retirement, the member is employed by another employer who participates in the (multi-employer) Plan or is employed in the same…

Appellant Smith appeals from a dismissal of his complaint against the CMTA-IAM Pension Trust (the Plan). Jurisdiction was based on section 502(a)(1)(B) of the Employment Retirement Income Security Program (ERISA), 29 U.S.C. § 1132 (a)(1)(B). We affirm in part and reverse in part.

I.

FACTS

The facts in this case are not in dispute. The CMTA-IAM Pension Trust is a multiemployer pension plan formed in 1960 by an agreement between the California Metal Trades Association (CMTA) and the International Association of Machinists (IAM). Employers participating in the Plan make contributions on behalf of IAM-member employees; employees thus covered receive service credits towards pension benefits.

The 1972 Plan revision controls this case and sets the normal retirement age for commencement of retirement benefits at 62 years of age. However, payment of benefits is subject to the condition stated in sections 5.1 and 5.4 of the Plan and Trust Indenture (all references are to the Plan’s 1972 revision unless otherwise indicated). These sections provide that the retirement benefits of an otherwise eligible plan member will be suspended during any monthly period in which he is or becomes…

654 F.2d 650 2 Employee Benefits Ca 1817 Don Ray SMITH, Plaintiff-Appellant, v. CMTA-IAM PENSION TRUST, et al., Defendants-Appellees. No 79-4337. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 10, 1981. Decided Aug. 27, 1981. Stanley T. Grydyk, Grydyk & Pierce, Richmond, Cal., for plaintiff-appellant. Warren Saltzman, Saltzman & Johnson, San Francisco, Cal., argued, for defendants-appellees; David W. Hettig, San Francisco, Cal., on brief. Appeal from the United States District Court for the Northern District of California. Before SNEED and ANDERSON, Circuit Judges, and TASHIMA * , District Judge. SNEED, Circuit Judge: 1 Appellant Smith appeals from a dismissal of his complaint against the CMTA-IAM Pension Trust (the Plan). Jurisdiction was based on section 502(a)(1)(B) of the Employment Retirement Income Security Program (ERISA), 29 U.S.C. § 1132 (a) (1)(B). We affirm in part and reverse in part. I. FACTS 2 The facts in this case are not in dispute. The CMTA-IAM Pension Trust is a multiemployer pension plan formed in 1960 by an agreement between the California Metal Trades Association (CMTA) and the International Association of Machinists…