Day
Day v. AT & T Disability Income Plan
Opinion
Lead Opinion
Fisher, J.
ORDER
The opinion filed July 3, 2012, and reported at 685 F.3d 848 , is amended as follows:
At slip opinion page 7859 n. 6, 685 F.3d at 857 n. 6, replace the sentence
With this amendment, the panel has voted to deny Appellant’s petition for panel rehearing. Judges Fisher and Rawlinson have voted to deny the petition for rehearing en banc and Judge Timlin so recommends.
The full court has been advised of the petition for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
*1094 Appellant’s petition for panel rehearing and rehearing en banc, filed August 17, 2012, is DENIED.
No future petitions for rehearing or rehearing en banc will be entertained.
OPINION
David Day, an ERISA plan beneficiary, elected to roll over his pension benefits into an individual retirement account (IRA) upon separation from his…