Pearl Bance, for Herself and as Special Administrator of the Estate of Carl Bance v. Trustees of the Alaska Carpenters Retirement Plan

Good Law
829 F.2d 820
United States Court of Appeals for the Ninth CircuitNovember 30, 198786-4372California3,853 words

Opinion

Opinion

Anderson, J.

Pearl Bance, widow of Carl Bance, a participant in the Alaska Carpenters Retirement Fund (Fund) brought this action in the United States District Court for the District of Alaska to obtain pension benefits and death benefits allegedly owed her husband for work performed by him under collective bargaining agreements with contributing employers to the Fund. Upon cross motions for summary judgment, the district court entered an order and judgment finding that Carl Bance was entitled to a vested pension benefit payable to Carl Bance and his widow, Pearl Bance, according to the rules and the schedule of benefits of the Carpenters Pension Fund. This timely appeal by the Fund’s trustees followed. Because we find the trustees’ interpretation of the Fund plan (plan and Fund are used interchangeably) was neither arbitrary, capricious, nor contrary to law, we reverse and remand to the district court for entry of summary judgment in favor of the Fund.

I.

FACTS

The facts are not in dispute. Carl Bance was born November 6, 1907. He began work as a carpenter in 1946 and joined the Fairbanks Carpenters Local 1243 in 1953. Mr. Bance’s employment history with employers signatory to…

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