Wpas

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BOARD OF TRUSTEES OF THE No. 20-35545

WESTERN STATES OFFICE AND

PROFESSIONAL EMPLOYEES PENSION D.C. No. FUND, 3:19-cv-00811- Plaintiff-Appellant, SB

v.

OPINION

WELFARE & PENSION

ADMINISTRATION SERVICE, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the District of Oregon Stacie F. Beckerman, Magistrate Judge, Presiding

Argued and Submitted October 5, 2021 Portland, Oregon

Filed January 31, 2022

Before: William A. Fletcher, Sandra S. Ikuta, and Daniel A. Bress, Circuit Judges.

Opinion by Judge Ikuta SUMMARY*

ERISA

The panel affirmed the district court’s summary judgment in favor of the defendant in an ERISA action brought by a multiemployer pension plan, seeking a recalculation of defendant’s annual withdrawal liability payments following its withdrawal from the plan.

When an employer withdraws from a multiemployer pension plan, it is required to pay for its share of unfunded benefits. That share, called withdrawal liability, may be paid in annual installments,…