Ponce v. Construction Laborers Pension Trust

I agree that we must affirm Gilchrist, and reverse in part with respect to Ponce. However, the language on page 11, commencing at line 7 from the top, “In other words, absent a substantial and verifiable justification, it is arbitrary and capricious for trustees both to maintain a vesting requirement with a high exclusion rate and at the same time to pay an unusually high level of benefits.” causes me some concern since it is capable of being read too restrictively. I submit it should not be so read. The trustees are dealing with a unique laboring force and are entitled to consider the many…