America Hernandez v. Southern Nevada Culinary and Bartenders Pension Trust

This is an appeal from summary judgment granted in favor of defendant Southern Nevada Culinary and Bartenders Pension Trust (the “Trust”) after both parties had made cross-motions for summary judgment. The facts are not in dispute.

Appellant filed suit under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq. (“ERISA”) (all subsequent statutory references are to ERISA, as codified in 29 U.S.C.), seeking a declaration that she is entitled to receive her husband, Mario Hernandez’, pension benefits under the Southern Nevada Culinary and Bartenders Pension Plan (the “Plan”), which is administered by the Trust, and to recover statutory damages under § 1132(c) for appellee’s alleged failure to provide an accounting as required by § 1025 and for attorneys’ fees under § 1132(g).

The district court found, on uncontrovert-ed facts, that appellant was not entitled to her deceased husband’s retirement benefits because Mario Hernandez (“Hernandez”) himself never became eligible to receive benefits under the Plan. The court held that although Hernandez’ accrued benefits had become 100% vested, “this vested right is not an immediate right” and, since Hernandez died…