Barncord

MEMORANDUM *

Gerald Barncord sued the San Francisco Culinary, Bartenders and Service Employees Pension Fund, Local 2 (the “Fund”) for failure to award him retroactive disability benefits. The district court granted summary judgment for the Fund, concluding that Barncord had forfeited those benefits. We affirm.

We review the grant of summary judgment de novo. Shaw v. Int’l Ass’n of Machinists & Aerospace Workers Pension Plan, 750 F.2d 1458 , 1460 (9th Cir.1985). Barncord’s disability pension benefits were not protected from forfeiture by plan amendment under 29 U.S.C. § 1054 (g). That provision protects only “accrued benefits,” including “retirement-type subsidies.” Benefits that are not “accrued benefits” may be subject to forfeiture by plan amendment. See Shaw, 750 F.2d at 1463.

“[I]n the case of a defined benefit plan, the individual’s accrued benefit determined under the plan” is generally “expressed in the form of an annual benefit commencing at normal retirement age.” 29 U.S.C. § 1002 (23)(A) (1999). “In general, the term ‘accrued benefits’ refers only to pension or retirement benefits. Consequently, accrued benefits do not include ancillary benefits not directly related…