Norris

ORDER RE: CROSS-MOTIONS FOR SUMMARY JUDGMENT

Plaintiff, a union plumber, participants in the Local 17 pension plan in Memphis, Tennessee. In 2012 and 2013, he worked in the Bay Area for an employer who was a signatory to a collective bargaining agreement with Local 38. Pursuant to that agreement, his employer made pension plan contributions to the Local 38 pension plan. Local 38 subsequently transferred to Local 17 $4.45 of the more than $19 per *416 hour of pension contributions made to the Local 38 plan on Plaintiffs behalf. Plaintiff claims that under ERISA, the Local 38 plan may not retain any portion of pension contributions employers made to it on behalf of workers who have designated a different plan as their “home fund,” and instead, must transfer all of those contributions to the respective worker’s home fund.

The parties’ cross-motions for summary judgment are now pending before the Court. (Dkt. Nos. 77 & 89.) Having considered the parties’ written submissions, and having had the benefit of oral argument on December 8, 2016, the Court GRANTS in part and DENIES in part Plaintiffs motion for summary judgment and GRANTS in part and DENIES in part Defendants’ motion for…