Pens. Plan Guide P 23889f

9 F.3d 1553 Pens. Plan Guide P 23889F NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James W. POTTER, Plaintiff-Appellant, v. EATON CORPORATION, et al.; Eaton Corporation, Pension Plan for Salaried Employees, Defendants-Appellees. No. 92-15848. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 7, 1993. Decided Oct. 28, 1993. Before: HUG, FARRIS, and BRUNETTI, Circuit Judges. 1 MEMORANDUM * 2 The primary issue in this case is whether Eaton could properly offset Potter's vested benefits under the Eaton Salaried Plan ("Eaton Plan") against his benefits under Automotive Industries Pension Plan ("Union Plan") that compensated for the same years of employment. The district court found the offset proper and granted Eaton summary judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 In 1972, at the time Potter transferred from the Eaton Plan to the Union Plan for hourly workers, section 4.3 of the Eaton Plan provided then, as it did…