Angelo E. Tafoya v. Western Conference of Teamsters Pension Trust Fund

The Western Conference of Teamsters Pension Trust Fund (the “Fund”) appeals a grant of summary judgment in favor of Tafoya, directing the fund to grant Tafo-ya’s request for pension benefits if it determines that his break in service was involuntary. We reverse.

I

Tafoya worked as a Teamster from 1955 to 1963. In 1963, he suffered a back injury. He was totally disabled from 1963 through 1965. In 1965, he was again able to work, but not as a truck driver. He worked as a salesman and later in broadcasting. He did not work again as a Teamster. In 1985, Tafoya reached early retirement age and applied for pension benefits from the Fund. His request was denied.

Under the terms of the pension plan in effect in 1965, Tafoya was not eligible for benefits until he became vested in the plan. Vesting required 15 years of unbroken service. A break in service would occur if a participant failed to perform “covered” employment, that is, to work as a Teamster, for two years. If a participant were totally disabled from all work, then no break in service would be charged against him. Otherwise, a two-year break in service would cancel all previously earned credits and the participant would no…