Legal Opinion

Ponce v. Construction Laborers Pension Trust

Court of Appeals for the Ninth Circuit

Decided September 22, 1980No. Nos. 79-3109, 79-3274PublishedCited by 37 opinions

1Opinion of the Court

PECK, Circuit Judge.

The two cases now before the Court have been consolidated for disposition. The plaintiffs in these cases challenge as “arbitrary and capricious” certain vesting requirements (specifically, the “15-year credited service” requirement and the “break-in-service” rule) of the Construction Laborers Pension Trust for Southern California. Plaintiffs brought these appeals after the district court had entered summary judgments in favor of defendants.

INTRODUCTION

The Construction Laborers Pension Trust for Southern California (Trust; Pension Trust) is an irrevocable trust fund that…

2Cases cited9 opinions

  1. Taylor Roark v. John L. Lewis, Maude W. Reese, of the Last Will and Testament of Joe S. Rees(e) v. John L. Lewis, Theo R. Fuller v. John L. LewisCourt of Appeals for the D.C. Circuit · 1968
  2. Handee T. Lee v. Robert NesbittCourt of Appeals for the Ninth Circuit · 1972
  3. John Bowers, Etc. v. Ulpiano Casal, Inc.Court of Appeals for the First Circuit · 1968
  4. Mike Gaydosh, Jr., Administrator of the Estate of Mike Gaydosh v. John L. LewisCourt of Appeals for the D.C. Circuit · 1969
  5. Cliff J. Wilson v. Board of Trustees of the Pension Trust Fund for Operating Engineers and Pension Trust Fund for Operating EngineersCourt of Appeals for the Ninth Circuit · 1977

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3Cited by37 opinions

  1. Dorothy Hancock v. Montgomery Ward Long Term Disability Trust, an Illinois CorporationCourt of Appeals for the Ninth Circuit · 1986
  2. Bruch v. Firestone Tire & Rubber Co.Court of Appeals for the Third Circuit · 1987
  3. Bruch v. Firestone Tire And Rubber CompanyCourt of Appeals for the Third Circuit · 1987
  4. Award Service, Inc. v. Northern California Retail Clerks Unions and Food Employers Joint Pension Trust Fund, a Trust FundCourt of Appeals for the Ninth Circuit · 1985
  5. Chambless v. Masters, Mates & Pilots Pension PlanDistrict Court, S.D. New York · 1983

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