Ellis M. Hurn v. Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern California
Opinion
Opinion
Sneed, J.
Appellant Ellis Hurn is a retired member of the United Association of Journeymen and Apprentices of the Plumbing and Pipe-fitting Industry. His case has been before us once before. In his first complaint he alleged that the Retirement Fund Trust’s suspension of his pension benefits violated the vesting provisions in section 203(a) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1053 (a). The district court granted the Fund summary judgment on that claim because Hurn did not meet the normal retirement age of sixty-five, a prerequisite for ERISA nonforfeitability. On appeal we agreed with the court on section 203(a)’s inapplicability, but remanded the case to allow Hurn to file an amended complaint under section 302(e)(5) of the Labor Management Relations (TaftHartley), Act, 29 U.S.C. § 186 (c)(5). Hurn v. Retirement Fund Trust, 648 F.2d 1252, 1254-55 (9th Cir.1981). Hum’s second complaint fared no better. On cross-motions for summary judgment, the district court again granted the Fund’s motion. We again reverse.
I.
STATEMENT OF FACTS AND ISSUES
Hurn began to receive an early retirement service pension in June 1975. He was fifty-eight years old, and had…