Weaver

MEMORANDUM *

Retirement Plan for Hanson Building Materials America, Inc. appeals the dis-triet court’s grant of summary judgment in favor of Kent Weaver. The court granted the motion after finding that Retirement Plan abused its discretion in denying Weaver a pension. Weaver appeals the district court’s denial of his motion for attorney fees and prejudgment interest. We affirm the grant of summary judgment but vacate and remand the denial of fees and interest.

We review the district court’s grant of summary judgment de novo. Jordan v. Northrop Grumman Welfare Benefit Plan, 370 F.3d 869, 874 (9th Cir.2004). While the de novo standard of review “normally applies when a court reviews a claim that a plan administrator improperly denied benefits,” here, where the “pension plan confers discretionary authority on a plan administrator,” we review for an abuse of discretion. McDaniel v. Chevron Corp., 203 F.3d 1099, 1107 (9th Cir.2000). We may set aside Retirement Plan’s decision only if it is “arbitrary and capricious.” Jordan, 370 F.3d at 875 . Our review, however, is informed by the fact that Retirement Plan both evaluates and pays claims. Met. Life Ins. Co. v. Glenn, — U.S. -, 128…