Santoni

MEMORANDUM **

Plaintiffs (collectively referenced as “ST”) appeal the district court’s grant of summary judgment in favor of Annibale Santoni. We affirm.

ST fails to rebut the presumption that the written plan is integrated. Restatement (2d) of Contracts § 209(3) (1981); Rajotte-Winters v. Whitney Co., 2 F.2d 801 (9th Cir.1924). The written plan appears to be the “complete expression of the whole agreement” between ST and its employees, as the plan terms are clear, internally coherent, and comprehensive. Black v. Richfield Oil Corp., 146 F.2d 801, 804 (9th Cir.1945). While the plan does not contain an explicit merger clause, the absence of such a clause is not dispositive. See Jarvis v. K2 Inc., 486 F.3d 526, 536 (9th Cir.2007). The only evidence ST presents to support its assertion that the written plan is not fully integrated is a plan provision granting the retirement committee authority to “correct any defect” or “supply an omission” to the written terms. While this language authorizes the retirement committee to fill in gaps or clarify uncertainties, it cannot be construed as a wholesale license to change the plan at will in the course of processing an individual employee’s…