Bolton v. Construction Laborers' Pension Trust for Southern California

CANBY, Circuit Judge:

Annie Bolton (Bolton), widow of plan participant Levi Bolton, appeals from a summary judgment in favor of Construction Laborers’ Pension Trust for Southern California (Plan). The Plan denied benefits to Bolton because Levi’s pension rights had not fully vested at the time he suffered a break in service. Bolton contends that application of the break-in-service rule in this case is arbitrary because Levi’s break was involuntary and he later returned to covered employment, working enough additional years to satisfy the vesting requirements. In addition, Bolton contends that…