____________________
Frank J. McGee for appellant.
______________
James F. Grosso with whom Orally & Grosso was
_________________
_________________
appellee.
____________________
on
brief
____________________
____________________
*Of the Eighth Circuit, sitting by designation.
STAHL,
STAHL,
1132(a)(1)(B),
the
Circuit Judge.
Circuit Judge.
_____________
James W. Seifart
Administrator
Pension
denial of
Fund
of
the
Pursuant to
Massachusetts
("Fund"), Herbert
disability benefits.
R.
State
Carpenters
Skane, challenging
The district
29 U.S.C.
the
court granted
We reverse.
a member
of the International
1983,
the facts.
Seifart,
Brotherhood of
Seifart worked
for
employers
Until May
who made
pension
with
the union.
During
this period,
Seifart
year, Seifart
pension.
By
disability
applied to
letter dated
benefits
on
claimed
the
Seifart
began
union's
superior court.
the
basis
In November
Fund for
disability
1991, Skane
that
Seifart
denied
had
not
pension
present
Skane
the
November 14,
the
with
plan
disability, as Skane
("the Plan")
proceedings
removed to
-22
in
federal
required.
Massachusetts
court.
Both
court
entered judgment
for
Skane.
above, the
This
appeal
followed.
II.
II.
___
Our review of a summary judgment motion is plenary,
taking
the
record
nonmovants and
favor.
1990).
in
the
light
most
favorable
to
the
in their
judgment
is appropriate
if
fact and . . .
"there is
no
the moving
Fed. R.
Civ. P. 56(c).
Where, as
an
ERISA-regulated
has
"discretionary
fiduciary of
authority
to
determine eligibility
for benefits or to
of
aside a fiduciary's
decisions only if
of an ERISA-regulated
plan
Contract language
F.2d 26, 29
in an ERISA action is to
reasonable effect
to
all terms
a court must
and conditions,
see,
___
-33
the
heart
interpretation of section
provision, a
of
this
controversy
3.10(b) of the
Plan.
lies
the
Under
that
a disability pension
if:
He has become disabled, as hereinafter
defined, after he has accumulated at
least 10 Pension Credits or 10 Vesting
Credits, which may include a maximum of
one Pension Credit or one Vesting Credit
granted under Section 4.01(c)(II), of
which 140 hours of such Pension Credit
was accumulated in the 36-month period
prior to the date of disability.
Under the provisions of
accrued
Accordingly,
Seifart
argues, he
has
16.9
with
vesting
under the
language of
the Plan.
Skane argues,
participant
must
accumulate
the
have
date
of disability.1
requisite
pension
of pension credits
(1)
or
must
prior to the
that, because
Seifart
____________________
1. The
district court apparently
interpretation of the Plan's language.
agreed
with
Skane's
-44
disability
Under the
of the
Plan, a participant
retirement benefits
by earning
pension
credits
qualifies
or
__
by means
vesting
of
requirement obtains.
credits;
if
pension credits,
Here,
participant
then the
140-hour
that Seifart
language is arbitrary
Nobel
_____
and capricious.
F.2d 1180, 1188
See, e.g., De
___ ____ __
(4th Cir. 1989).
that
appellant.
for
appeal,
granted.
of
requirement
applied
to
brief on
interconnection
discern.
140-hour
There is
appellant's
position
the
the
and the
We
pertinent
appellee takes
find
the
provisions
purpose
the
in the
this
and
difficult to
for reconsideration if
leads us to
invite a petition
-55
not appear to
say.
III.
III.
____
For
the
district court is
reversed.
reversed.
________
foregoing reasons,
the
decision of
the
-66