* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion

should not be published and is not precedent except under the limited

circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit



## FILED

December 14, 2005

Charles R. Fulbruge III

Clerk UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________________

No. 04-20745

_______________________

MICHAEL SENDEJAS, SR; RUTHIE HERNANDEZ;

Plaintiffs-Appellants

JESUS SENDEJAS

Appellant

versus

MARITIME ASSOCIATION ILA

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court

for the Southern District of Texas

No. 4:04-CV-613

________________________________________________________________

Before JONES, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM: *

J esus Sendejas appeals the district court’s gr ant of

summary judgment in favor of his brother’s employee pension plan,

Maritime Association ILA (the “Pla n”). Finding no error, we

AFFIRM.

BACKGROUND

Luis Sendejas was covered under an employee pension plan

until his death in 1991. In 1996, the Maritime Association-I.L.A.

Pensio n Plan (the “Plan”) retroactively amended its language to2

vest all participants in the Plan and guarantee a new survivor

benefit. Because of the retroactive benefit, Luis Sendejas’s

beneficiaries were eligible to receive about $105,513. The Plan

did not notify Luis Sendejas’s beneficiaries about their elibility,

however, and no payment wa s made until Jesus Sendejas, Luis’s

brother, applied for the benefit in 2003. A week after his

application, the Plan paid Jesus the benefit. Jesus Sendejas filed

suit for equitable restitution under ERISA for the interest on his

brother’s benefit, and he now appeals the district court’s grant of

summary judgment in favor of the Plan.

DISCUSSION

Labeling his claim “unjust enrichment,” Jesus Sendejas

argues that he is entitled to interest on his brother’s benefit,

without re gard to fault. ERISA provides for “other equitable

relief” only when there has been a violation of ERISA or the Plan.

29 U.S.C. § 1132(a)(3) provides that a beneficiary may bring a

civil action

(A) to enjoin any act or practice which violates any

provision of this subchapter or the terms of the plan, or

(B) to obtain other appropriate equitable relief (i) to

redress such violations or (ii) to enforce any provisions

of this subchapter or the terms of the plan.

Id. In construing this section, courts should be “especially

‘reluctant to tamper with [the] enforcement scheme’ embodied in the

statute by extending remedies not specifically authorized by its

text.” G reat-West Life & Annuity Ins. Co. v. Knudson

, 534 U.S.

204, 209, 122 S. Ct. 708, 712 (2002) (quoting Mass. Mut. Life Ins.3

Co. v. Russell , 473 U.S. 134, 147, 105 S. Ct. 3085, 3093 (1985)).

ERISA thus provides that a beneficiary may sue for

appropriate equitable relief if, and only if, there is a violation

of either the Plan or the ERISA statute. S ee, e.g.

, Fotta v. Trs.

of United Mine Workers of Am.

, 319 F.3d 612, 616 (3d Cir. 2003).

Within a week of applying for benef its, Jesus Sendejas received

them. Pursuant to the terms of the Plan, beneficiaries are not

entitled to anything until they apply for a benefit. Accordingly,

the district court correctly concluded that there was no breach of

the Plan. Further, there is simply no violation of ERISA when a

Plan pays a benefit only upon entitlement.

CONCLUSION

We need n ot reach the difficult issues latent in this

case, because it is clear that Jesus Sendejas can point to no facts

that demonstrate a breach of the Plan language or the ERISA

statute. Accordingly, the district court is AFFIRMED.