Canseco
Canseco v. Construction Laborers Pension Trust
Opinion
Lead Opinion
Hawkins, J.
Plaintiffs-appellants, a class of retired construction workers denied retroactive pension benefits (“Retirees”), appeal the district court’s grant of summary judgment in favor of defendants-appellees, the Construction Laborers Pension Trust for Southern California (“the CLPT”) and the CLPT’s Board of Trustees (“Trustees”). After the Trustees refused to pay the Retirees retroactive retirement benefits based on their failure to apply for those benefits, the Retirees filed suit against the CLPT and its Trustees to recover retirement benefits dating back to the time they became eligible for those benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We reverse the district court’s summary judgment order because we conclude that the CLPT pension plan entitles the Retirees to retirement benefits retroactive to the date they reached age 62 and became eligible for those benefits.
FACTUAL AND PROCEDURAL HISTORY
I. The class action suit against the CLPT and its trustees
Appellant and lead plaintiff Mario Canseco is 77 years old. For nearly 30 years, he worked in the construction industry in Southern California. In 1975, at age 56, Canseco became permanently disabled and was…