BAKER v. SHEET METAL WORKERS LOCAL UNION

No. 81CA1206.

669 P.2d 138 (1983)

Joseph BAKER, Plaintiff-Appellee, v. SHEET METAL WORKERS LOCAL UNION NO. 9 PENSION TRUST FUND, Defendant-Appellant.

Colorado Court of Appeals, Div. III.

July 7, 1983.


Attorney(s) appearing for the Case

Michael L. Gilbert, Denver, for plaintiff-appellee.

Gorsuch, Kirgis, Campbell, Walker & Grover, Dan S. Cross, Denver, for defendant-appellant.


KELLY, Judge.

Defendant, Sheet Metal Workers Local Union No. 9 Pension Trust Fund, appeals a district court judgment finding its trustees' denial of full pension benefits to plaintiff, Joseph Baker, contrary to the terms of the pension plan and, therefore, arbitrary and capricious. The central issue is whether the trustees acted arbitrarily and capriciously in applying the "break-in-service" rule contained in the original pension plan where the revised plan, in operation...

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