Cluster 1590208

Shaw v. Int’l Ass’n of Machinists & Aerospace Workers Pension Plan, 563 F.Supp. 653, 655 (C.D.Cal.1983) (finding a pension plan where the formula for payment was based on the retirees’ salary, but was not based on a post-retirement change in the salary of the retiree’s former position); see also In Re Defoe Shipbuilding Go., 639 F.2d 311 , 312-14 (6th Cir.1981) (noting that pension plan payments were to be adjusted pursuant to recommendations by actuary).

Association of Machinists & Aerospace Workers Pension Plan, 563 F. Supp. 653, 655 (C.D.

Association of Machinists & Aerospace Workers Pension Plan, 563 F. Supp. 653, 655 (C.D.

Shaw v. International Assn. of Machinists and Aerospace Workers Pension Plan, 563 F.Supp. 653, 658-59 (C.D.Cal.1983), aff'd 750 F.2d 1458 (9th Cir.), cert. denied, 471 U.S. 1137 , 105 S.Ct. 2678 , 86 L.Ed.2d 696 (1985).

Shaw v. IAM Pension Plan, 563 F.Supp. 653, 657 (C.D.Cal.1983), aff'd, 750 F.2d 1458 (9th Cir.1985), cert. denied, 471 U.S. 1137 , 105 S.Ct. 2678 , 86 L.Ed.2d 696 (1985); Leigh v. Engle, 727 F.2d 113, 133-35 (7th Cir.1984) (corporate officer a fiduciary to the extent he controls selection or termination of fiduciaries); Shaw v. IAM Pension Plan, 563 F.Supp. 653, 657 (C.D.Cal.1983) (corporate officers are fiduciaries to the extent they hire and fire trustees).

The district court in that action found that "the actions of defendants in attempting to phase-out the living pension feature in the pension plan were not justified under ERISA...." Shaw v. International Ass'n of Machinists-Aerospace, 563 F.Supp. 653, 657 (C.D.Cal.1983).

The district court in that action found that “the actions of defendants in attempting to phase-out the living pension feature in the pension plan were not justified under ERISA_” Shaw v. International Ass’n of Machinists-Aerospace, 563 F.Supp. 653, 657 (C.D.Cal.1983).

Shaw v. IAM Pension Plan, 563 F.Supp. 653, 657 (C.D.Calif.1983), aff’d, 750 F.2d 1458 (9th Cir.1985), cert. denied, 471 U.S. 1137 , 105 S.Ct. 2678 , 86 L.Ed.2d 696 (1985). (“Officials of a company which sponsors a plan are themselves fiduciaries to the extent that they retain authority for selection and retention of plan fiduciaries because, to that extent, they have retained discretionary authority or discretionary control respecting management of the plan"). 15 .

With these principles in mind, the court concludes that plaintiffs’ state law claims are preempted, because they relate to the management of the plans’ investments by ERISA fiduciaries. 10 See Gilbert, 765 F.2d at 328 (agreeing with other courts that claims based on common law of contracts are preempted); Shaw v. International Ass’n of Machinists & Aerospace Workers Pension Plan, 563 F.Supp. 653, 658-59 (C.D.Cal.1983) (“common law causes of action for breach of contract are …

See generally Pilot Life Insurance Company v. Dedeaux, — U.S. -, 107 S.Ct. 1549 , 95 L.Ed.2d 39 (1987); Metropolitan Life Insurance Company v. Taylor, — U.S. -, 107 S.Ct. 1542 , 95 L.Ed.2d 55 (1987); Metropolitan Life Insurance Company v. Massachusetts, 471 U.S. 724 , 105 S.Ct. 2380 , 85 L.Ed.2d 728 (1985); Ahne v. Allis-Chalmers Corporation, 640 F.Supp. 912, 920 (E.D.Wis.1986); Shaw v. Association of Machinists Pension Plan, 563 F.Supp. 653, 658-59 (C.D.Cal.1983), aff' d, 7…

Shaw v. Int’l Ass’n of Machinist and Aerospace Workers Pension Plan, 563 F.Supp. 653, 658-59 (C.D.Cal.1983), aff'd, 750 F.2d 1458 (9th Cir.), cert. denied, — U.S. -, 105 S.Ct. 2678 , 86 L.Ed.2d 696 (1985); Blau, 748 F.2d at 1356 .

Other courts have found state law causes of action preempted when they were based on claims for relief under the common law of contracts, see, e.g., Lafferty v. Solar Turbines Int’l, 666 F.2d 408 , 409 (9th Cir. 1982); Ogden v. Michigan Bell Telephone Co., 571 F.Supp. 520, 524 (E.D.Mich.1983); Tolson v. Retirement Committee of the Briggs & Stratton Retirement Plan, 566 F.Supp. 1503, 1503-04 (E.D.Wisc.1983); Shaw v. Intn’l Ass’n of Machinists, 563 F.Supp. 653, 658-59 (C.D.Cal…

As the plaintiffs are asserting state law claims, the district court properly found plaintiffs' claims preempted. 39 Other courts have found state law causes of action preempted when they were based on claims for relief under the common law of contracts, see, e.g., Lafferty v. Solar Turbines Int'l, 666 F.2d 408 , 409 (9th Cir.1982); Ogden v. Michigan Bell Telephone Co., 571 F.Supp. 520, 524 (E.D.Mich.1983); Tolson v. Retirement Committee of the Briggs & Stratton Retirement P…

Nevertheless, assuming that Ginsberg was an ERISA fiduciary, see 29 U.S.C. § 1002 (21)(A) (1982) (person a fiduciary to the extent exercises control over a pension plan); Leigh v. Engle, 727 F.2d 113, 133-35 (7th Cir.1984) (corporate officer a fiduciary to the extent he controls selection or termination of fiduciaries); Shaw v. International Ass’n of Machinists & Aerospace Worker’s Pension Plan, 563 F.Supp. 653, 657 (C.D.Cal.1983) (corporate officials fiduciaries to the exte…

Sec. 1002 (21)(A) (1982) (person a fiduciary to the extent exercises control over a pension plan); Leigh v. Engle, 727 F.2d 113, 133-35 (7th Cir.1984) (corporate officer a fiduciary to the extent he controls selection or termination of fiduciaries); Shaw v. International Ass'n of Machinists & Aerospace Worker's Pension Plan, 563 F.Supp. 653, 657 (C.D.Cal.1983) (corporate officials fiduciaries to the extent they hire and fire trustees); Freund v. Marshall & Ilsley Bank, 485 F…

Shaw v. International Association of Machinists and Aerospace Workers Pension Plan, 563 F.Supp. 653, 654 (C.D.Cal.1983).

This phase-out provided that the full percentage adjustment would be paid to retirees in 1977 and 1978, but thereafter, the living pension adjustments would be as follows: 11 1979 and 1980--75% of full adjustment 1981 and 1982--50% of full adjustment 1983 and 1984--25% of full adjustment. 12 Shaw v. International Association of Machinists and Aerospace Workers Pension Plan, 563 F.Supp. 653, 654 (C.D.Cal.1983). 13 This amendment decreases Shaw's benefits.

Mich.1982) (Railway Labor Act preempts state law claims for emotional distress and intentional interference with contractual relations); Videotronics, Inc. v. Bend Electronics, 564 F.Supp. 1471, 1476-77 (D.Nev.1983) (Copyright Act preempts state common law claims of misappropriation and trade secret violations); Shaw v. International Ass’n of Machinists & Aerospace Workers Pension Fund, 563 F.Supp. 653, 658-59 (C.D.Calif.1983) (ERISA preempts certain state common law claims …

See Shaw v. International Assn. of Machinists and Outerspace Workers Pension Plan, 563 F.Supp. 653 (D.C.Cal.1983), aff'd, 750 F.2d 1458 (9th Cir.1984), cert. denied, 471 U.S. 1137 , 105 S.Ct. 2678 , 86 L.Ed.2d 696 (1984).

WEK is a fiduciary to the extent it exercises discretionary authority or control regarding the management of the plan or selection of fiduciaries. 29 U.S.C. § 1002 (21)(A); see also Shaw v. International Ass’n of Machinists and Aerospace Workers Pension Plan, 563 F.Supp. 653 (C.D.Cal.1983).

See also Shaw v. International Ass’n of Machinists and Aerospace Workers Pension Plan, 563 F.Supp. 653, 657 (C.D.Cal.1983).