Morris Weiss v. Sheet Metal Workers Local No. 544 Pension Trust

Appellant, a pro se litigant, claims that he has been unfairly denied access to information about his pension status held by the administrators of the Pension Trust of the Sheet Metal Workers Local No. 544 (“Trust”). Appellant is a retired laborer who worked sporadically as a member of the Sheet Metal Workers Union from 1961 to 1977. He does not in this action claim entitlement to a pension; nor does he make a credible showing that he satisfied minimum vesting requirements during his employment, or that there is any significant probability that he will be reemployed. The district court held that appellant is not a “participant” within the meaning of the Employee Retirement Income Security Program Act (“Act”), 29 U.S.C. § 1002 (7), and therefore is not entitled to information under 29 U.S.C. § 1025 . We affirm.

Section 1025 of the Act provides that

Section 1002(7) defines “participant” as “any employee or former employee ... who is or may become eligible to receive a benefit of any type from an employee benefit plan ...” (emphasis added). Quite clearly, therefore, Weiss may have access to pension information under § 1025 only if he can show that he is a former employee who “is or…