Does a cause of action accrue when a pension plan makes a determination affecting a potential beneficiary's rights prior to the filing of an application by the beneficiary?

MultiRegion, United States of America

The following excerpt is from Martin v. Construction Laborer's Pension Trust for Southern California, 947 F.2d 1381 (9th Cir. 1991):

The primary question on appeal is whether a cause of action to enforce rights under a pension plan accrues when a pension plan makes a determination affecting a potential beneficiary's rights under the plan prior to the filing of an application for benefits by the beneficiary. We review a grant of summary judgment de novo. Narell v. Freeman, 872 F.2d 907, 909 (9th Cir.1989).

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