Park v. Board of Trustees

Opinion

KANE, J.

dismissing her action upon the grounds that the decision of defendant Board of Trustees is binding and final.

Appellant is a widow whose husband, Robert D. Park, had been for more than 49 years immediately prior to his death a member of Operating Enginners, Local Union No. 3 of the International Union of Operating Engineers.

Said union and Northern and Central California Chapter, The Associated General Contractors of America, Inc., entered into a trust agree

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ment on December 30, 1959, providing for the establishment of a pension plan administered by respondent Board of Trustees.

Upon attaining 65 years of age, Mr. Park made a written application to respondent for retirement benefits on October 27, 1965. At the time of making said application, Mr. Park was in all respects qualified and entitled to maximum benefits under said pension plan.

On or about December 17, 1965, he was notified in writing by respondent that his application for a pension had been approved and his pension would start with the month of February 1966.

Mr. Park died on January 12, 1966, before the pension payments started. Appellant widow, a duly designated beneficiary under said plan, made a timely application to respondent to receive pension payments for a«36-month period, totaling $6,987.50, as prescribed by article E, section 2,

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of the plan. The administrator of the pension trust fund denied her claim on the ground that her husband died prior to the effective date of his pension.

Appellant appealed to the respondent board from the administrator’s denial. The appeal was heard by a committee of respondent board consisting of two employer and two employee, trustees. After receiving and considering the report and recommendation of said committee, respondent concurred in the recommendation and denied benefits to appellant.

Appellant then filed this action for breach of contract against the board. The trial court found that the decision of respondent board was final and binding upon appellant, and therefore dismissed the -action.