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DAY v. AT & T DISABILITY INCOME PLAN

No. 10-16479.

685 F.3d 848 (2012)

David DAY, Plaintiff-Appellant, v. AT & T DISABILITY INCOME PLAN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 3, 2012.

Attorney(s) appearing for the Case

Robert Nichols , San Jose, CA, for the appellant.

Stephen H. Harris (argued), Caroline L. Elkin and Melinda A. Gordon , Paul, Hastings, Janofsky and Walker LLP, Los Angeles, CA, for the appellee.

Before: RAYMOND C. FISHER and JOHNNIE B. RAWLINSON, Circuit Judges, and ROBERT J. TIMLIN, District Judge.

OPINION

FISHER, Circuit Judge:

David Day, an ERISA plan beneficiary, elected to roll over his pension benefits into an individual retirement account (IRA) upon separation from his employer, AT & T. Exercising its discretion, the plan's claims administrator construed Day's lump sum rollover as the equivalent of his having "received" his pension benefits and, according to the terms of AT & T's Disability Income Benefit Plan, reduced Day's long-term...

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