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Ninth Circuit Upholds Pension Plan's Denial of Early Retirement Benefits for Participant's Union Work
Michelle L. Roberts, via LinkedIn Aug. 19, 2019 "The court considered whether the Board abused its discretion by interpreting 'performance of services in any capacity in the Electrical Industry' to include working for IBEW in an administrative capacity for an electrical workers' union. The court determined that the Board's interpretation does not clearly conflict with the Plan's plain language, does not render any other Plan provision nugatory, and does not lack a rational nexus to the Plan's purpose." [O'Rourke v. N. California Electrical Workers Pension Plan, No. 17-17419 (9th Cir. Aug. 16, 2019)] |
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