Skinner
Skinner v. Northrop Grumman Retirement Plan B
Opinion
Lead Opinion
MEMORANDUM *
Charles Skinner and Gregory Stratton, former employees of Litton Industries, Inc., and former participants in Litton’s Retirement Plan B, appeal the district court’s summary judgment in their ERISA class action against Northrop Grumman Retirement Plan B (Northrop Plan B) and its Administrative Committee. After Northrop acquired Litton and several other companies, Northrop combined their various retirement plans, including Litton Retirement Plan B, into Northrop Plan B. Northrop Plan B provided a five-year transition benefit to participants from the merged plans. The 2003 and 2005 Summary Plan Descriptions (SPDs) did not mention that Northrop would deduct an “annuity equivalent offset” when calculating Part B of appellants’ transition benefit.
We review the district court’s summary judgment de novo. See Vaught v. Scottsdale Healthcare Corp. Health Plan, 546 F.3d 620, 625 (9th Cir.2008). We reverse.
The district court correctly held that Northrop’s 2003 and 2005 SPDs incorpo *60 rated the “historical” Litton SPDs by reference. The 2003 SPD informed participants that, during the 5-year transition period, “you earn benefits under the historical plan in effect for…