Syed

I. BACKGROUND

24 This is a case about whether LTD benefits may be reduced by “other income” 25 when an employee moves his own money from an employer plan to an individual 26 retirement account (IRA). The answer turns on whether the employee “received” the 27 money. Plaintiff was a participant in an LTD plan established by his former employer, 28 plan. Complaint, ECF No. 3. MetLife issued to Aramco the group policy that funds the LTD benefits of the Plan and the incorporated certificate of insurance (“Certificate”) that together set forth the conditions and terms of coverage. Id. at ¶ 4. Under “Disability Income Insurance: Long Term Benefits,” the Plan states: “If You become Disabled while insured…When We receive Proof, We will review the claim. If We approve the claim, We will pay the Monthly Benefit 6 up to the Maximum Benefit Period shown in the SCHEDULE OF BENEFITS, subject to the DATE THE BENEFIT PAYMENTS END section.” Decl. of Tim Suter, ECF No. 19-2 ¶ 2. Under the heading “DISABILITY INCOME INSURANCE; INCOME WHICH WILL REDUCE YOUR DISABILITY BENEFIT,” the Plan states: “We will reduce Your Disability benefit by the…