Legal Opinion
Tapley v. Locals 302 & 612 of the International Union of Operating Engineers-Employers Construction Industry Retirement Plan
Court of Appeals for the Ninth Circuit
Decided September 6, 2013No. 11-35220PublishedCited by 37 opinions
1Opinion of the Court
OPINION
DEARIE, Senior District Judge:
James Tapley and Michael Chapman appeal a judgment of the district court upholding the interpretation of plan language by the Trustees of their pension plan. The Trustees determined that appellants’ respective post-retirement jobs as a traffic flagger and snow plow operator fell into the same “job classification” as their former union jobs as skilled mechanics. On that basis, each appellant was precluded from working his job if he wanted to collect retirement benefits. Tapley and Chapman brought suit against the Trustees under the Employee Retirement…
2Cases cited12 opinions
- Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
- Conkright v. FrommertSupreme Court of the United States · 2010
- Central Laborers' Pension Fund v. HeinzSupreme Court of the United States · 2004
- June Saffle v. Sierra Pacific Power Company Bargaining Unit Long Term Disability Income PlanCourt of Appeals for the Ninth Circuit · 1996
- Don Ray Smith v. Cmta-Iam Pension TrustCourt of Appeals for the Ninth Circuit · 1981
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3Cited by37 opinions
- Daniel Demer v. IBM Corp Ltd PlanCourt of Appeals for the Ninth Circuit · 2016
- Richard Lehman v. Warner NelsonCourt of Appeals for the Ninth Circuit · 2017
- United States v. Douglas DecincesCourt of Appeals for the Ninth Circuit · 2015
- Echague v. Metropolitan Life InsuranceDistrict Court, N.D. California · 2014
- John O'Rourke v. No. California ElectricalCourt of Appeals for the Ninth Circuit · 2019
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