Richard Lehman v. Warner Nelson

OPINION

CHRISTEN, Circuit Judge:

In May 2008, the Trustees of the IBEW Pacific Coast Pension Fund learned that the Fund would soon enter “critical status” under the Pension Protection Act of 2006. In response, the Trustees amended the Pacific Coast Fund Pension Plan twice — in Amendments 14 and 24 — and began withholding at least $1.00 per hour from all employer contributions to improve the Plan’s funding status. Richard Lehman filed a putative class action against the Trustees under the Employee Retirement Income Security Act of 1974 (ERISA). Lehman alleged that the Trustees breached the…