9th Circ. Revives ERISA Suit Over Post-Retirement Job Pay

Law360, Los Angeles (September 06, 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.

Likewise, the retirement plan...
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Case Information

Case Title

James Tapley, et al v. Locals 302 and 612 of the Inte

Case Number



Appellate - 9th Circuit

Nature of Suit

3791 Employee Retirement

Date Filed

March 15, 2011