Hughes

MEMORANDUM *

Judy Hughes appeals the district court’s grant of summary judgment against her. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s determination de novo and affirm in part and reverse in part.

The administrator of Hughes’ pension plan excluded certain incentive (“over-excellence”) compensation from the calculation of her pension. Hughes argues the district court improperly reviewed the plan administrator’s decision for abuse of discretion. We find it unnecessary to reach this issue because the administrator’s decision is in accord with the pension plan’s unambiguous language and thus proper even under de novo review. Local Motion, Inc. v. Niescher, 105 F.3d 1278, 1280 (9th Cir.1997); Atwood v. Newmont Gold Co., 45 F.3d 1317, 1324 (9th Cir.1995). The pension plan included incentive compensation “to the extent the payment effective date is within the applicable measuring period [June 30, 1991 to June 30, 1996].” (Emphasis added.) The Sales Compensation Plan expressly stated that over-excellence bonuses “will not be paid until end of year close out.”

Hughes alternatively argues that she was misled to believe over-excellence compensation would…