Facts

Trustees of the ILWU-PMA Pension Plan filed a complaint against Cynthia Cooper and Marsha Cooper, concerning the pre-retirement survivor benefits of Rodney Cooper under the Pension Plan pursuant to the Employee Retirement Income Security Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff filed this lawsuit seeking to enforce the terms of the Pension Plan, permitting payment of a pre-retirement survivor benefit only to the person who qualifies as a surviving spouse of the participant, Rodney Cooper.

DEFENDANTS' CONTENTIONS:
Cynthia Cooper alleged that she was Rodney Cooper's legal spouse on the date of his death, and was therefore entitled to his benefits. Marsha Cooper asserted the same claim. Marsha Cooper contended that the marriage between Cynthia and Rodney was dissolved or they intended to dissolve when Cynthia initiated dissolution proceedings against Rodney in 1989. Marsha argued that she was the intended legitimate spouse of Rodney Cooper.

Cynthia Cooper moved for summary judgment, arguing her entitlement to the benefits.

Result

The court granted Cynthia Cooper's motion for summary judgment and awarded her 100 percent of Rodney Cooper's pre-retirement survivor benefits under the ILWU-PMA Pension Plan.

Other Information

FILING DATE: March 28, 2013.