Valdez v. Boilermaker-Black ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11009
Summary Calendar
DAVID VALDEZ,
Plaintiff-Appellant,
versus
BOILERMAKER BLACKSMITH NATIONAL PENSION TRUST,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:98-CV-286-J
--------------------
May 16, 2000
Before DAVIS, DUHÉ and DeMOSS, Circuit Judges.
PER CURIAM:1
David Valdez appeals the district court’s entry of summary
judgment dismissing his claim for disability benefits from an
Employee Retirement Income Security Act of 1974 (ERISA) governed
pension plan; 29 U.S.C. § 1001 et seq. This court reviews the
Board of Trustee’s denial of Valdez’s claim for benefits for abuse
of discretion. See Threadgill v. Prudential Securities Group,
Inc., 145 F.3d 286, 292 (5th Cir. 1998).
Valdez argues that the Board of Trustees calculated the amount
of benefits to which he was entitled using a legally incorrect
1
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
interpretation of the Plan’s permanent break rule. Valdez must
additionally address whether, in addition to being legally
incorrect, the Board of Trustee’s interpretation of the Plan was an
abuse of discretion. See id. at 295. Valdez has not met his
burden of showing that the Board of Trustee’s interpretation of the
Plan and denial of his request for benefits was an abuse of
discretion. The district court’s grant of summary judgment in
favor of the defendant is AFFIRMED.
2