Legal Opinion
Daniels-Hall v. National Education Ass'n
Court of Appeals for the Ninth Circuit
Decided December 20, 2010No. 08-35531PublishedCited by 1,345 opinions
1Opinion of the Court
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether the National Education Association established or maintained an employee pension benefit plan under the Employee Retirement Income Security Act of 1974 by endorsing and aggressively marketing certain tax-sheltered annuities.
I
A
Both Jerre Daniels-Hall and David Hamblen (collectively, “Plaintiffs”) are members of the National Education Association (“NEA”) and employees of local public school districts. Daniels-Hall is an employee of the South Kitsap School District in Washington, and Hamblen is an employee of El Dorado Union High School…
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