(boilermakers can receive benefits)CivilCourt of AppealsAppeal
Phillips v. Boilermaker-Blacksmith National Pension Trust
Court
Court of Appeals for the Tenth Circuit
Decided
Sep 29, 2026
Docket
25-3160
Judges
Not listed
đDetailed analysis & 3-line summary
AI breakdown
Analyzed Oct 2, 2026
Where this case stands
District court: granted partial for the boilermakers on claims involving failure to pay benefits and partial breach of fiduciary duty.
This decision ¡ Appeal
(boilermakers can receive benefits)
TL;DR
1Boilermakers claimed their wrongly denied early retirement benefits because they kept working non-union jobs.
2The court decided that boilermakers are eligible if they refrain from specific union work, not all work.
3The decision hinged on the clear language of the , which was not deemed ambiguous.
Key issues
1
Does the 's language require complete withdrawal from all work?
Holding ¡ No, the language requires withdrawal only from specific union job types, not all employment.
2
Can the plan deny benefits based on timeliness if notice was not given?
Holding ¡ No, failure to notify participants of the limits means timeliness cannot bar their claims.
Why it matters
This impacts boilermakers and similar workers who rely on clear rules for early retirement benefits under multi-employer pension plans.
If you were the judge?
Should boilermakers lose early retirement if they keep working?
1Boilermakers sued their pension plan over denied early retirement benefits.
2The plan said they must quit certain jobs to qualify, but they kept working elsewhere.
3The dispute is whether they must stop all work at companies contributing to the plan.
Should boilermakers lose early retirement if they keep working?
Be the first juror
Parties
Appellant
Phillips
Appellee
Boilermaker-Blacksmith National Pension Trust
Roles are inferred from the case caption.
Opinion of the court
Appellate Case: 25-3160 Document: 60-1 Date Filed: 09/29/2026 Page: 1
FILED
United States Court of Appeals
PUBLISH Tenth Circuit
UNITED STATES COURT OF APPEALS September 29, 2026
Christopher M. Wolpert
FOR THE TENTH CIRCUIT Clerk of Court
_______________________________________
THOMAS ALLEN PHILLIPS;
KEVIN D. MURPHY; MICHAEL
EGGER; WILLIAM LOFTHOUSE,
on behalf of themselves and all
others similarly situated
Plaintiffs â Appellees/Crossâ
Appellants,
v. Nos. 25-3160 & 25-3171
BOILERMAKER-BLACKSMITH
NATIONAL PENSION TRUST;
BOARD OF TRUSTEES OF THE
BOILERMAKER-BLACKSMITH
NATIONAL PENSION TRUST;
SCOTT ANDERSON; JOHN T.
FULTZ; LAWRENCE J.
MCMANAMON; LYNDAL
TURNER; MIKE HIDAS; MARK
VANDIVER,
Defendants â Appellants/
CrossâAppellees,
and
BOILERMAKERS NATIONAL
HEALTH & WELFARE PLAN;
BOARD OF TRUSTEES OF THE
BOILERMAKERS NATIONAL
HEALTH & WELFARE PLAN,
Defendants â Crossâ
Appellees,
Appellate Case: 25-3160 Document: 60-1 Date Filed: 09/29/2026 Page: 2
------------------------------
PENSION RIGHTS CENTER
Amicus Curiae.
_______________________________________
Appeal from the United States District Court
for the District of Kansas
(D.C. No. 2:19-CV-02402-TC)
_______________________________________
Gary P. Hunt of Tucker Arensberg, P.C., Pittsburgh, Pennsylvania (Neil J.
Gregorio, Kathleen A. Nandan, Richard B. Tucker, III of Tucker Arensberg,
P.C., Pittsburg, Pennsylvania; and Jules L. Smith and Brian J. LaClair of
Blitman & King LLP, Victor, New York, with him on the briefs), for
Defendants-Appellants/Cross-Appellees.
Susan J. Martin of Martin & Bonnett, PLLC, Phoenix, Arizona (Daniel L.
Bonnett, Jennifer L. Kroll, Michael M. Licata of Martin & Bonnett, PLLC,
Phoenix, Arizona; and Rik N. Siro of Siro Smith Dickson PC, Kansas City,
Missouri, with her on the briefs), for Plaintiffs-Appellees/Cross-
Appellants.
Kevin Koelbel, Mesa, Arizona, filed an Amici Curiae Brief for Pension
Rights Center in support of Plaintiffs-Appellees.
_______________________________________
Before TYMKOVICH, BACHARACH, and FEDERICO, Circuit Judges.
_______________________________________
BACHARACH, Circuit Judge.
_______________________________________
This case involves early retirement benefits under a multi-employer
pension plan for boilermakers. The appeal involves three issues.
The first issue involves interpretation of the plan. It says that
boilermakers become eligible for early retirement benefits when they have
withdrawn completely and refrained from employment in jobs that are
2
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classified under a collective bargaining agreement or that involve
supervision of workers in these jobs. Joint Appâx vol. 4, at 807. The
parties disagree over what it means to withdraw completely. The
boilermakers argue that the plan requires withdrawal from only certain
kinds of jobs. The defendants respond that boilermakers must withdraw
completely by quitting all kinds of work for any company that contributes
to a multi-employer pension plan.
We disagree with the defendants. The plan renders boilermakers
ineligible only when they withdraw from specified jobs and supervisory
positions; thereâs nothing that renders boilermakers ineligible just because
they go to work for a company contributing to the plan. 1
The second issue involves the limitations periods when a boilermaker
sues for benefits. Under the plan, the suit must be filed within two years of
an adverse decision; and a regulation requires the plan administrator to
1
The boilermakers argue that we should summarily affirm the claim
for benefits because
⢠the district court found that the trustees had violated procedural
requirements,
⢠the defendants havenât appealed these findings, and
⢠these violations would trigger the same remedies even if the
plan language didnât support early-retirement benefits.
We need not resolve this argument for summary affirmance because we
agree with the boilermakersâ interpretation of the plan.
3
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notify the claimant of this period. 29 C.F.R. § 2560.503â1(g)(1)(iv). But
the plan administrator denied numerous claims without providing notice of
the two-year period, and many of the boilermakers missed the deadline.
Given the failure to provide notice of the two-year period, the defendants
canât rely on timeliness.
The third issue involves the limitations period for a claim involving
breach of fiduciary duty. This period of limitations starts when the
claimant knows the facts underlying the claim, and thereâs no evidence that
the claimants knew that the trustees had changed the way they were
interpreting the plan. This lack of actual knowledge prevents the trustees
from relying on the limitations period.
1. The claimants obtain partial summary judgment on a claim for
early-retirement benefits.
The trustees offered retirement benefits under a multi-employer
pension plan for boilermakers enrolled in a union (the International
Brotherhood of Boilermakers). Under the plan, the boilermakers would
ordinarily obtain a pension when reaching age 65. But the boilermakers
also became eligible earlier if they withdrew completely and refrained
from certain kinds of work.
Many of the boilermakers quit before reaching age 65 and began
receiving retirement benefits. But some of the boilermakers took other
4
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jobs. The trustees concluded that these boilermakers were no longer
entitled to early-retirement benefits.
The boilermakers sued the pension plan (the Boilermaker-Blacksmith
National Pension Trust), six of the trustees, and their board (the Board of
Trustees of the Boilermaker-Blacksmith National Pension Trust), invoking
the Employee Retirement Income Security Act (âERISAâ) for improperly
denying benefits, breaching a fiduciary duty, and violating procedural
requirements.
Both sides moved for summary judgment, and the district court
⢠granted the boilermakersâ motion for partial summary judgment
on the claims involving a failure to pay benefits,
⢠granted partial summary judgment to some of the boilermakers
on the claims for breach of a fiduciary duty, and
⢠granted summary judgment to the defendants on claims by other
boilermakers for breach of fiduciary duty, concluding that those
claims were barred by a three-year period of limitations.
The defendants appeal the grant of partial summary judgment to the
boilermakers, reasoning that the district court mistakenly interpreted the
plan. In response, 66 of the boilermakers cross-appeal the grant of
summary judgment to the defendants on the claim involving breach of
fiduciary duty, arguing that the three-year period of limitations doesnât
apply absent actual knowledge of the breaches.
5
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2. We independently apply the standards for summary judgment and
claims under ERISA.
We engage in de novo review of the district courtâs rulings on
summary judgment, using the same standard that applied in district court.
LaAsmar v. Phelps Dodge Corp. Life, Accidental Death & Dismemberment
& Dependent Life Ins. Plan, 605 F.3d 789, 795â96 (10th Cir. 2010).
In district court, âa distinct standardâ exists when reviewing a plan
administratorâs denial of benefits. Graham v. Hartford Life & Accident Ins.
Co., 501 F.3d 1153, 1155 n.1 (10th Cir. 2007); see LaAsmar, 605 F.3d
at 796 (stating that when reviewing a grant of summary judgment on an
ERISA claim, the court of appeals must determine the standard governing
an insurerâs denial of benefits). Under that standard, the court of appeals
ordinarily conducts de novo review of the plan administratorâs decision.
Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 (1989). But when
the plan confers discretion on the plan administrator, we apply the
arbitrary-and-capricious standard based on the administrative record. 2 See
LaAsmar, 605 F.3d at 796.
2
When both sides move for summary judgment on an ERISA claim,
the motions serve merely as a vehicle to decide the case; eligibility for
benefits turns solely on the administrative record, and we donât resolve
inferences in favor of either party. Ian C. v. UnitedHealthcare Ins. Co.,
87 F.4th 1207, 1217 (10th Cir. 2023).
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Such discretion exists here; 3 so we must uphold the plan
administratorâs interpretation unless it is arbitrary and capricious. But we
regard the plan administratorâs interpretation as arbitrary and capricious if
it conflicts with the planâs unambiguous language. D.K. v. United Behav.
Health, 67 F.4th 1224, 1236 (10th Cir. 2023).
3. The district court didnât err in interpreting the plan.
The central issue involves the claims for retirement benefits before a
boilermaker turns 65. Resolution of this issue turns on the meaning of the
planâs reference to boilermakers who completely withdraw.
The defendants argue that
⢠the boilermakers are ineligible for early-retirement benefits if
they perform any work for a company that contributes to a
multi-employer pension plan,
⢠the plan language is ambiguous, and
⢠the court should resolve that ambiguity by ensuring tax benefits
for plan participants and employers contributing to the plan.
The district court rejected these arguments for three reasons:
1. The plan unambiguously states that the boilermakers are
eligible for early-retirement benefits unless they work
⢠for a company that contributes to a multi-employer
pension plan and
3
The plan states that â[t]he Trustees shall have complete discretion to
construe, interpret, and apply all terms and provisions of this Plan
document.â Joint Appâx vol. 4, at 832.
7
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⢠in jobs that are classified in a collective bargaining
agreement or that involve supervision of workers in those
jobs.
2. The defendants waited too long to raise ambiguity by asserting
it for the first time in their reply brief.
3. The tax benefits do not override the unambiguous language of
the plan.
To justify reversal, the defendants must show that all of these rationales
were wrong. Bones v. Honeywell Intâl, Inc., 366 F.3d 869, 877 (10th Cir.
2004). The defendants havenât made that showing.
First, the district court was right to reject the defendantsâ
interpretation of the plan. The plan states:
Before Normal Retirement Age. Effective July 1, 2010, to be
considered retired and entitled to a pension under this Plan
before he has obtained Normal Retirement Age, a Participant
must withdraw completely and refrain from employment or self-
employment for an employer which performs work in an industry
traditionally covered by a Collective Bargaining Agreement:
(1) where the employment or self-employment is in a job
classification of the type included in a Collective
Bargaining Agreement anywhere in the United States; or
(2) where the employment or self-employment includes any
direct supervision of a job classification of the type
included in a Collective Bargaining Agreement anywhere
in the United States in the construction industry.
Joint Appâx vol. 4, at 807.
This language restricts eligibility for early-retirement benefits to
boilermakers who completely withdraw and refrain from certain jobs. Id.
The defendants donât deny that the boilermakers refrained from working in
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jobs specified in the plan. But the parties disagree over whether the
boilermakers have satisfied the requirement to withdraw completely. This
disagreement turns on what the boilermakers needed to withdraw from.
All parties agree that withdrawal in this context means that the
boilermaker must withdraw from something. See 20 Oxford English
Dictionary 449 (2d ed. 1989). But from what? The boilermakers argue that
they must withdraw from work in a job classified in a collective bargaining
agreement or supervision of such a job; the defendants argue that the
boilermakers must withdraw from any job with a company that contributes
to the multi-employer pension plan.
The defendantsâ argument lacks any basis in the plan language,
which says that the boilermaker must withdraw and refrain from particular
kinds of work for particular types of employers. For example, if a
boilermaker quits and joins a sporting goods store, the new job wouldnât
prevent early-retirement benefits unless sporting goods stores are
employers traditionally covered by a collective bargaining agreement. If
the new employer engages in an industry traditionally covered by a
collective bargaining agreement, the boilermaker must refrain from two
kinds of work:
1. work that is of a type classified in a collective bargaining
agreement and
2. work that includes direct supervision of jobs classified in a
collective bargaining agreement.
9
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Joint Appâx vol. 4, at 807.
The defendants contend that these references qualify the term refrain
from but not the term withdraw completely. See Appellantsâ Opening Br.
at 31 (arguing that âthe phrases âwithdraw completelyâ and ârefrain fromâ
disqualifying work must have distinct meaningsâ); Appellantsâ Reply Br.
at 17 (arguing that âthe âwithdraw completelyâ requirement is additional
and distinct from the requirement to refrain from disqualifying workâ). 4
But in grammar, we typically regard the verb withdraw as transitive,
meaning that it takes a direct object. See S. Assân of Colleges and Schs
Commân on Colleges, Inc. v. Bennett Coll., No. 22-13289, 2023 WL
2231773, at *2 (11th Cir. Feb. 27, 2023) (unpub. op.) (interpreting
withdraw as a transitive verb). So we would typically expect the sentence
to say what someone is withdrawing from. For example, we might say that
⢠a soldier withdraws from battle or
⢠a student withdraws from school.
But if we say that the boilermakers must completely withdrawâwithout
further qualificationâthe sentence would be meaningless because we
4
At oral argument, defense counsel was asked whether the
prepositional phraseââfrom employment or self-employment for an
employer which performs work in an industry traditionally covered by a
Collective Bargaining Agreementââmodified the phrase withdraw
completely. Defense counsel answered: âNo. It canât.â Oral Arg. Tr.
at 4:58â5:18.
10
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wouldnât know what the boilermakers must withdraw from. The
boilermakers thus draw on the plan language stating that they must
withdraw from jobs
⢠that are traditionally classified in a collective bargaining
agreement or
⢠that involve supervision of workers in those jobs.
In contrast, the defendants assert that the boilermakers must withdraw from
any work for a company that contributes to the multi-employer pension
plan. For this interpretation, the defendants lack any support in the plan
language.
The defendants instead suggest that the term withdraw completely is
modified only by the phrase âfrom employment or self-employment for any
employer which performs work in an industry traditionally covered by a
Collective Bargaining Agreement.â Appellantsâ Opening Br. at 29 (arguing
that the plan âprovides that an early retiree may not collect his pension
benefit during months in which he performs Boilermaker work (i.e.,
Covered Work) for any employer in a traditional Boilermaker industryâ).
But that suggestion ignores sections (1) and (2), which describe job
classifications and supervisory roles that disqualify a boilermaker from
receiving early-retirement benefits. See Van Steen v. Life Ins. Co. of
N. Am., 878 F.3d 994, 1000 (10th Cir. 2018) (stating that discretion
afforded to a plan administrator does not allow the court to disregard the
11
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plan language). Given sections (1) and (2), the defendantsâ interpretation
of the plan isnât just unsupported; itâs also impossible to reconcile with the
provision as a whole.
Despite the lack of textual support for their interpretation, the
defendants argue that the plan language is ambiguous. This argument
surfaced in district court when the defendants filed a reply brief, and the
district court regarded the reply brief as too late for a new argument. For
this ruling, we would ordinarily defer to the district court. See Donner v.
Nicklaus, 778 F.3d 857, 864 (10th Cir. 2015) (considering the defendantsâ
reliance on timeliness as waived when they presented the argument for the
first time in a reply brief); see also Mondaine v. Am. Drug Stores, Inc.,
408 F. Supp. 2d 1169, 1203 (D. Kan. 2000) (âThe Court will not consider
new arguments in a partyâs reply brief.â).
But the defendants criticize the district courtâs reasoning, arguing
that interpretation of the plan language had dominated the summary-
judgment briefing. Certainly, interpretation of the plan wasnât a new issue
surfacing for the first time in the defendantsâ reply brief. Until then,
however, the defendants hadnât characterized the plan language as
ambiguous. So the district court didnât err in concluding that the
defendants had raised ambiguity too late by injecting it in the reply brief.
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The district court relied not only on timeliness but also on the lack of
ambiguity in the plan language. The defendants insist that the plan
language is ambiguous because
⢠the plan states that it should be construed in a way that
preserves qualification for tax benefits and
⢠these benefits prevent early-retirement benefits for
boilermakers who continue working for employers contributing
to the plan.
This argument lacks any textual basis in the plan itself, and the
defendants acknowledge that we can consider the requirement of tax
qualification only if the plan language is ambiguous. Oral Arg.
at 2:44â3:55. But the language isnât ambiguous. To the contrary, it
unequivocally restricts early-retirement benefits for boilermakers
only when they have withdrawn and refrained from jobs traditionally
classified in a collective bargaining agreement or supervision of
workers in those jobs. So we conclude that the boilermakers have
correctly interpreted the plan.
4. The claims for benefits are not time-barred.
The defendants argue in the alternative that many of the claims are
time-barred. This argument requires consideration of the two stages of
review under the plan.
In the first stage, a boilermaker applies for benefits. Upon getting an
application, the plan administrator must make an initial decision. See Joint
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Appâx vol. 4, at 829â30. In the second stage, a boilermaker may appeal the
denial of benefits. See id. at 830â32. When an appeal is submitted, the plan
administrator must issue a written decision. Id. at 831â32.
Both stages are governed by federal regulations that require
ânotification of any adverse benefit determination.â 29 C.F.R. § 2560.503â
1(g)(1). The term adverse benefit determination includes âa denialâ of
benefits. 29 C.F.R. § 2560.503â1(m)(4)(iv). So the notice requirement
applies to the decisions at both stages.
The resulting issue is what the plan administrator needed to disclose.
That disclosure needed to include âthe time limitsâ for the âplanâs review
procedures.â 29 C.F.R. § 2560.503â1(g)(1)(iv); see pp. 3â4, above. The
term procedures includes the âright to bring a civil actionâ challenging the
denial of benefits. 29 C.F.R. § 2560.503â1(g)(1)(iv). With this language,
every circuit to address the issue has required the plan administrator to tell
participants how long they have to sue following a denial of benefits. See
Santana-Diaz v. Metro. Life Ins. Co., 816 F.3d 172, 180 (1st Cir. 2016)
(concluding that the regulations require the plan administrator to notify the
participant of the deadline to bring a civil action when denying benefits);
Mirza v. Ins. Admâr of Am. Inc., 800 F.3d 129, 136 (3d Cir. 2015) (stating
that â29 C.F.R. § 2560.503â1(g)(1)(iv) requires that adverse benefit
determinations set forth any plan-imposed time limit for seeking judicial
reviewâ); Moyer v. Metro. Life Ins. Co., 762 F.3d 503, 505 (6th Cir. 2014)
14
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(âThe claimantâs right to bring a civil action is expressly included as a part
of those procedures for which applicable time limits must be provided.â).
The plan administrator denied the initial claims of 69 boilermakers
without telling them how long they had to bring a civil action. Those
omissions would ordinarily prevent the defendants from relying on the
limitations period. See Mirza v. Ins. Admâr of Am. Inc., 800 F.3d 129, 136
(3d Cir. 2015) (setting aside the ERISA planâs period of limitations
because the plan administratorsâ letters denying benefits hadnât notified
the claimants of the time-limits to bring civil actions); Moyer v. Metro.
Life Ins. Co., 762 F.3d 503, 507 (6th Cir. 2014) (concluding that omission
of the time limit to sue in a letter denying benefits prevents application of
the planâs period of limitations).
The defendants argue that they cured the omissions in the initial
denial notices by telling the boilermakers about the two-year period of
limitations when denying the administrative appeals. The boilermakers
respond that the denials contained other deficiencies. For example, the
boilermakers point out that the trustees needed to state the specific reasons
for denial and identify the pertinent evidence. See 29 U.S.C. § 1133(1)
(reasons); Ian C. v. UnitedHealthcare Ins. Co., 87 F.4th 1207, 1226
(10th Cir. 2023) (pertinent evidence). But the plan administrator denied the
appeals without identifying the pertinent section of the plan (§ 8.08).
Given this omission, the district court concluded that the plan
15
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administrator hadnât adequately disclosed its reasons for denying the
administrative appeals. Joint Appâx vol. 11, at 2648. Pointing to the
district courtâs conclusions, the boilermakers argue that defective
explanations in the administrative appeals couldnât cure defects in the
earlier decisions.
The defendants filed a reply brief here, but they didnât address the
boilermakersâ reliance on defects in the decisions denying the
administrative appeals. Given the defendantsâ failure to address this
argument, we consider only whether it bears an obvious flaw. In re
Syngenta AG MIR 1162 Corn Litig. (Hossley-Embry Grp. II), 111 F.4th
1095, 1110 n.15 (10th Cir. 2024). We see no obvious flaw: The district
court found that the letters denying the administrative appeals were
themselves defective, and the defendants donât challenge that finding.
Absent such a challenge, defective denials of administrative appeals
wouldnât obviously cure defects in the earlier decisions. 5
5
The trustees assert that notification of the two-year period could
mislead boilermakers by suggesting a right to sue without exhausting
administrative remedies. But we canât disregard the Department of Laborâs
regulations just because we might disagree with them. See Montaro-Vega v.
Holder, 721 F.3d 1175, 1178 (10th Cir. 2013) (âWe do not . . . undo
administrative regulations just because they may not be to a litigantâs
liking or our own.â).
16
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5. Because the boilermakers correctly interpret the plan, we need
not address the defendantsâ other challenges.
The defendants argue that
⢠they didnât violate statutory provisions barring reductions in
benefits already earned and requiring notice of plan
amendments that reduce future benefits, 29 U.S.C. § 1054(g)
(barring reductions in earned benefits); 29 U.S.C. § 1054(h)
(requiring notice for amendments reducing benefits) and
⢠the district court erroneously restricted the amounts that could
be recouped from boilermakers who had been overpaid,
29 U.S.C. § 1056(h)(2)(B).
We need not address these arguments.
As the district court explained, the ERISA provisions governing
reductions in earned benefits and notice of amendments reducing benefits
generally âwork in separate time spaces.â Joint Appâx vol. 11, at 2641â42
(explaining that one provision addresses earned benefits while the other
addresses âpromised benefits in the futureâ). But here, the boilermakers
grouped the provisions when making related claims. See Joint Appâx
vol. 2, at 459 (contending in the final pretrial order that âDefendants . . .
through their changed interpretation amended and retroactively
implemented more restrictive eligibility requirements for early-retirement
benefitsâ). In claiming a right to benefits, the boilermakers sought and
obtained the same relief for (1) reductions in earned benefits and
(2) deficiencies in the notice of these reductions. See id. at 468â69 (final
pretrial order); vol. 11, at 2799â2801 (judgment); Phillips v. Boilermaker-
17
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Blacksmith National Pension Trust, No. 2:19-cv-02402-TC, doc. 437â1
(D. Kan. Aug. 15, 2025) (plan of allocation adopted by the judgment).
The boilermakers concede that our approval of their interpretation of
the plan would moot the claim involving reductions in earned benefits.
Oral Arg. at 36:54â37:38. 6 Given the identical allegations and request for
relief, the concession applies equally to the claim for inadequate notice.
See Romero v. Allstate Corp., 404 F.3d 212, 221 (3d Cir. 2005) (observing
that the statutory requirements for notice and protections against cutbacks
in benefits âappear to be intrinsically tied togetherâ); see also Stahl v. Sun
Microsystems, Inc., 19 F.3d 533, 537 n.1 (10th Cir. 1994) (declining to
consider arguments addressing a tort claim because the damages that would
have been awarded on that claim âwere identical to the damages awarded
on the breach of contract claimâ). So we need not address the partiesâ
disagreements involving the challenges involving reduction in earned
benefits and the adequacy of the defendantsâ notice.
Moreover, the trustees acknowledge that we donât need to decide how
much they could recoup if we conclude that the boilermakers are entitled to
early-retirement benefits. Because we have concluded that the boilermakers
6
The boilermakers qualified this concession by stating that they
considered the defendantsâ argument âdangerousâ by relying on a
definition different from the one that has always been applied. Oral Arg.
at 36:54â37:38. But the boilermakers havenât said how theyâre affected by
the defendantsâ assertion of a dangerous argument.
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are entitled to early-retirement benefits, we need not address the
disagreement over the amounts that the trustees can recoup when they
overpay.
6. The district court erred in applying a time-bar to some of the
claims for breach of fiduciary duty.
Despite finding a right to benefits, the district court concluded that
some of the claims for breach of fiduciary duty were time-barred. The
boilermakers challenge this conclusion in a cross-appeal.
For these claims, a three-year period of limitations exists. 29 U.S.C.
§ 1113(2). The district court concluded that the boilermakers had missed
this deadline by suing for breach of fiduciary duty more than three years
after the trustees had denied the claims. For this conclusion, the court
erred by treating the denial of benefits as the start of the limitations
period.
The statute of limitations provides that the three-year period doesnât
start until the plaintiff has âactual knowledge of the breach or violation.â
Id. The alleged violation involved not only the denial of benefits, but also
⢠âa series of misleading statements that hid the fact that
[the plan administrators] were imposing a new unwritten
requirement [for receiving early-retirement benefits]â and
⢠fraudulent concealment of the fact that the new restrictions on
early-retirement benefits hadnât appeared in the plan
documents.
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Phillips v. Boilermaker-Blacksmith National Pension Trust,
No. 2:19-cv-02402-TC, Doc. 331, at 36 (D. Kan. Aug. 15, 2025)
(memorandum of the boilermakers in support of their motion for partial
summary judgment). The administrative record doesnât contain evidence
showing when the boilermakers knew of the alleged misconduct. See Intel
Corp. Inv. Polây Comm. v. Sulyma, 589 U.S. 178, 184â87 (2020)
(concluding that the statute of limitations for ERISA claims involving
breach of fiduciary duty doesnât begin to run until the participant is
actually aware of the breach).
The defendants argue that the boilermakers could have learned
everything they needed to know more than three years before they sued.
But the three-year period of limitations is triggered by actual knowledge,
not the ability to discover something. Id. at 186; see also Su v. Johnson,
68 F.4th 345, 356â57 (7th Cir. 2023) (concluding that disclosure of a
violation hadnât shown actual knowledge as required to trigger the three-
year period of limitations). The district court thus erred in granting
summary judgment to the defendants on the claims by 66 of the
boilermakers for breach of fiduciary duty. 7
***
7
The boilermakers also argue that the district court should have
applied an exception for fraud or misrepresentation. We need not address
that argument.
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Appellate Case: 25-3160 Document: 60-1 Date Filed: 09/29/2026 Page: 21
In Appeal No. 25-3160, we affirm the grant of summary judgment to
the boilermakers on their claims for benefits and the timeliness of the
claims. In Appeal No. 25-3171, we reverse the grant of summary judgment
to the defendants on the claims by 66 of the boilermakers for breach of
fiduciary duty. We remand to the district court for further proceedings
consistent with this opinion.
21