Frank Music v. Western Conference of Teamsters Pension Trust Fund

Appellant Frank Music appeals from a grant of summary judgment in favor of the Western Conference of Teamsters Pension Trust Fund and the denial of his cross-motion for summary judgment. For the reasons stated below, we reverse the judgment of the district court.

FACTS

Frank Music (hereinafter “Music”) was a participant in the Western Conference of Teamsters Pension Trust Fund (hereinafter “Trust Fund”) for approximately 20 years before he suffered a disabling heart attack on November 6, 1975, at age 47.

Music thereafter applied for federal social security disability benefits (hereinafter “federal disability”). In August of 1976, the Social Security Administration declared Music permanently disabled and therefore eligible to receive those benefits. The federal disability insurance program requires a “waiting period” of five full, consecutive calendar months between the date an applicant first becomes disabled and the applicant’s “date of entitlement”, upon which he or she is eligible to receive benefits. 42 U.S.C. § 423 (c)(2). Music was therefore declared eligible to receive federal disability benefits as of May 1, 1976, which was five full consecutive calendar months after…