Legal Opinion

Giler v. Board of Trustees

Court of Appeals for the Ninth Circuit

Decided September 3, 1974No. 73-1149PublishedCited by 21 opinions

1Opinion of the Court

OPINION

2Per curiam

The District Court dismissed an action in which Giler (plaintiff) asserted that the “break-in-service” provision of his union’s pension plan was invalid. We affirm.

Giler voluntarily withdrew his membership in the Sheet Metal Workers Union in September, 1965, to become self-employed. On that date he had accumulated 17 years in pension credits. In December, 1966, when Giler reached the age of 50, he applied to the trustees of the pension plan for the vesting of his pension rights. The trustees rejected the request because the plan required 20 years of pension credits to vest a pension at…

3Cases cited3 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. Taylor Roark v. W. A. Boyle Maude W. Reese, of the Last Will and Testament of Joe S. Rees v. W. A. Boyle Theo R. Fuller v. W. A. BoyleCourt of Appeals for the D.C. Circuit · 1970

4Cited by21 opinions

  1. Alvares v. EricksonCourt of Appeals for the Ninth Circuit · 1975
  2. Horace Eugene Bayles v. Central States, Southeast and Southwest Areas Pension FundCourt of Appeals for the Fifth Circuit · 1979
  3. 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
  4. Frank Music v. Western Conference of Teamsters Pension Trust FundCourt of Appeals for the Ninth Circuit · 1983
  5. Ellis M. Hurn v. Retirement Fund Trust of the Plumbing, Heating and Piping Industry of Southern CaliforniaCourt of Appeals for the Ninth Circuit · 1983

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