Stephen M. Fielding v. International Harvester Company, a Delaware Corporation and the International Harvester Retirement Plan for Salaried Employees

Caution
815 F.2d 1254·8 Employee Benefits Cas. (BNA) 1831·1987 U.S. App. LEXIS 5277
United States Court of Appeals for the Ninth CircuitApril 23, 198786-3660, 86-4034California1,343 words

Opinion

Opinion

Sneed, J.

Plaintiff-appellee, Fielding, was discharged by defendant-appellant, International Harvester Co., Inc., and brought suit to obtain benefits entitled “special early retirement” benefits under Harvester’s ERISA pension plan. The district court held for Fielding. We reverse.

I.

FACTS

In 1982, International Harvester discharged Fielding as part of a reduction of sales personnel in its Oakland office. He was then 56 and had been a Harvester employee for over 32 years. On the basis of his age and years of service, Fielding in 1982 potentially was eligible for early retirement benefits under two sections of Harvester’s plan. Under Article II, section 2 of the plan, Fielding could “retire at [his] option” and thereby become entitled to “regular early retirement” benefits. Under section 3, Fielding could be “retired at the option of the Company” and thereby become entitled to higher “special early retirement” benefits. After eliminating his position in Oakland, Harvester told Fielding that no other post was available to him. Fielding applied for both the regular and the special benefits. Harvester’s plan administrator granted him the former but denied the latter.

In denying the special…

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