9th Circ. Revives ERISA Suit Over Post-Retirement Job Pay
By Kurt Orzeck
Law360, Los Angeles (September 6, 2013, 8:03 PM ET) -- The Ninth Circuit on Friday reversed a lower court ruling that two Alaska mechanics weren't entitled to early-retirement pay through a union plan because they later took on comparable jobs, determining that their current and former positions didn't share materially similar duties.
A three-judge panel found that an Alaska federal judge erred in finding the trustees reasonably used a “duties and skills test” to evaluate the workers' post-retirement jobs as a traffic flagger and snow plow operator against their former union positions.