Delso v. Trustees of the Retirement Plan for the Hourly Employees of Merck & Co.

OPINION

BARRY, Circuit Judge.

Rosann Delso appeals the order of the District Court granting summary judgment in favor of an ERISA plan administrator on her claim, brought pursuant to 29 U.S.C. § 1132(a)(1)(B), to recover retirement benefits allegedly owed to her deceased husband. Because the plan administrator’s decision to deny the application for benefits was not an abuse of discretion on the undisputed facts before it, we will affirm the order of the District Court.

I

James Delso was an hourly employee at Merck & Co. when he died suddenly on December 26, 2002, at 6:14 A.M. On December 24,…