Villasenor

I. INTRODUCTION

20 Community Child Care Council of Santa Clara County, Inc. is a 501(c)(3) non-profit, 21 community-based agency providing childcare services. Declaration of Alfredo Villasenor 22 (“Villasenor Decl.”) ¶¶ 3-4, ECF 59. Plaintiff was involved in the formation of the 4Cs in 1972 and 23 was one of its original employees. Id. ¶ 2. In 1975, Plaintiff became the Executive Director of the 24 4Cs and remained in that position until August 4, 2017, when he retired. Id. ¶¶ 5-6. 25 The 4Cs established two retirement plans for the benefit of its employees: (1) Community 26 27 Child Care Council of Santa Clara County, Inc. Employee Profit Sharing Plan (the “Qualified Plan”) and (2) Community Child Care Council of Santa Clara County Non-Qualified Pension Plan (the “Non-Qualified Plan”) (collectively, the “Retirement Plans.”). See Villasenor Decl. ¶ 8, 9; Exh. A to Villasenor Decl., ECF 59-1; Declaration of Kevin Logan (“Logan Decl.”) ¶¶ 2, 3; Exh. 1 to Logan Decl., ECF 60-1. Plaintiff was a participant in both Retirement Plans. Logan Decl. ¶ 2. On August 4, 2017, Plaintiff retired from the 4Cs. Villasenor Decl. ¶ 15. On August 7, 2017…