Brean v. Board Of Trustees For The Chicago District Council Of Carpenters Pension Fund, 1999 U.S. App. LEXIS 26648 (7^th Cir. October 21, 1999) (unpublished)-Before ESCHBACH, FLAUM, and KANNE. When Albert Brean applied for retirement benefits, the Plan trustees determined that for purposes of benefits computation, Brean had incurred a "three-year break in service" by working as a carpenter in areas outside of the Council's jurisdiction from 1978 to 1982. Brean filed suit in the district court, which held that the trustees' decision was based upon a reasonable construction of the relevant Plan language. This court affirmed.

 Reviewing the district court de novo, this court determined that the trustees’ decision warranted a deferential standard of review ("arbitrary and capricious") because it was a "benefits determination made by trustees authorized, by plan language,  to interpret the Plan in good faith." Citing Supreme Court and Seventh Circuit decisions, this court found that under such a standard of review a court should uphold a decision where the trustees make an "informed judgment" and provide an explanation that is rational or reasonable.

Brean cited language in the Plan which seemed to suggest that only non-vested participants could incur breaks in service. This court, however, found that the trustees’ contrary reading of relevant sections was reasonable and therefore upheld their decision.