Legal Opinion

David Day v. At&t Disability Income Plan

Court of Appeals for the Ninth Circuit

Decided July 3, 2012No. 10-16479PublishedCited by 4 opinions

1Opinion of the Court

OPINION

FISHER, Circuit Judge:

David Day, an ERISA plan beneficiary, elected to roll over his pension benefits into an individual retirement account (IRA) upon separation from his employer, AT & T. Exercising its discretion, the plan’s claims administrator construed Day’s lump sum rollover as the equivalent of his having “received” his pension benefits and, according to the terms of AT & T’s Disability Income Benefit Plan, reduced Day’s long-term disability (LTD) benefits by the amount of the rollover. Day argues that having his pension payout deposited directly into an IRA subject to tax…

2Cases cited14 opinions

  1. Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
  2. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  3. Varity Corp. v. HoweSupreme Court of the United States · 1996
  4. James Chappel v. Laboratory Corporation of America, AKA National Health LabCourt of Appeals for the Ninth Circuit · 2000
  5. Abatie v. Alta Health & Life Ins. Co.Court of Appeals for the Ninth Circuit · 2006

9 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Day v. AT & T Disability Income PlanCourt of Appeals for the Ninth Circuit · 2012
  2. Giles v. Bert Bell/Pete Rozelle NFL Player Retirement PlanDistrict Court, D. Maryland · 2012
  3. Bureau of National Affairs, Inc. v. ChaseDistrict Court, D. Maryland · 2012
  4. David Day v. At&t Disability Income PlanCourt of Appeals for the Ninth Circuit · 2012

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