Amicone v. Kennecott Copper Corporation

CALLISTER, Justice:

Plaintiff brought this action to establish his claim to certain benefits provided in defendant’s, Kennecott Copper Corporation retirement plan for salaried employees. The case was tried to a jury and submitted on instructions and special interrogatories. The trial court determined that the answers favored defendant and entered judgment in its favor and plaintiff appeals.

The claim of plaintiff is premised on the provisions in the plan granting benefits to employees who are permanently and totally disabled. The plan is “noncontributory”— initiated and sustained by the…