Leahy v. Trans Jones, Inc.
Leahy v. Trans Jones, Inc.
Opinion of the Court
OPINION AND ORDER
This cause is before the Court on plaintiffs objections to the February 20, 1992 Report and Recommendation of the United States Magistrate and defendants’ response thereto. In accordance with Hill v. Duriron, 656 F.2d 1208 (6th Cir. 1981) and 28 U.S.C. § 636(b)(1)(B) and (C), this Court has made a de novo determination of the Magistrate’s findings to which the plaintiff objects.
Plaintiff, John C. Leahy (Leahy), retired from defendant Trans Jones, Inc. (Trans Jones) in May of 1987 at the age of 57. He has brought this lawsuit alleging that the defendants violated the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., when they refused his request, upon his early retirement, for immediate distribution of the benefits he had accrued in the Trans Jones Employee Stock Ownership Plan (the Plan). Defendants moved for summary judgment and the Magistrate recommended that it be granted in their favor.
The first matter that must be dealt with is the standard of review that applies in this case. Plaintiff argues that this Court should review the Plan committee’s decisions on a de novo basis because those decisions were made by “new management,” not by the Plan committee. These decisions had to have been made by new management because the Plan committee was allegedly nonexistent in 1987. Leahy argues that William Ludwick (Ludwick), a named defendant in this case
Plaintiffs first two objections can be considered together. Essentially, he argues that the Plan was amended by new management: (1) to strip him of his “right to consultation” prior to any decisions being made as to the distribution of his benefits; and (2) to deny all early retirees the right to any benefits prior to their 65th birthday (i.e. normal retirement age). Leahy argues that, pursuant to the terms of the amended Summary Plan Description (SPD), a Plan participant must be consulted prior to the Plan committee reaching a decision on how to distribute that participant’s benefits. Because the terms of the SPD supersede the terms of the Plan itself in the event of a conflict between the two,
As discussed above, despite the language in the June 1st letter, this Court is not persuaded that “new management” made the decision to deny early retirees immediate lump sum distributions of their Plan benefits. As the Magistrate found, that decision does not constitute an amendment to the Plan; it merely is a policy adopted pursuant to an existing Plan provision. See Oster v. Barco of California Employees Retirement Plan, 869 F.2d 1215, 1220-1221 (9th Cir. 1988); Dooley v. American Airlines, Inc., 797 F.2d 1447, 1452 (7th Cir. 1986), cert. denied 479 U.S. 1032, 107 S.Ct. 879, 93 L.Ed.2d 833 (1987). Furthermore, any “right to consultation” held by the Plan participants by virtue of the SPD is still intact. Despite Leahy’s assertions to the contrary, he communicated his wishes to the Plan committee. The fact the committee did not honor those wishes does not mean that they weren’t considered. Also, that “right of consultation” still applies to the other possible payouts listed in the SPD.
Leahy’s last objection is that the Magistrate did not address the issue of equitable estoppel. However, that doctrine is not applicable here. The fact that Trans Jones had in the past granted immediate lump sum distributions to early retirees does not mean that it is now required to do so in all cases. See Osier, supra, 869 F.2d at 1219; Fine v. Semet, 699 F.2d 1091, 1093-94 (11th Cir. 1983); Morse v. Stanley, 732 F.2d 1139, 1144 (2d Cir. 1984); Denton v. First Nat’l. Bank, 765 F.2d 1295, 1300 (5th Cir. 1985).
Accordingly, it is
ORDERED that the February 20, 1992 Report and Recommendation of the United States Magistrate is adopted as the Order of this Court.
. Ludwick was a member of the Plan committee from May of 1989 apparently until he was terminated in May of 1990.
. In that letter, defendant Thomas, Hummer (Hummer) stated that he, defendant Dean Duffey and Ludwick had been appointed to take over the administration of the Plan.
.The letter states that "[t]he new management team believes that [granting immediate lump sum distributions of benefits to early retirees] defeats the purpose of [the Plan]."
. The Sixth Circuit has held that, in the event the terms of a plan and an SPD conflict, the SPD's terms will prevail. See Edwards v. State Farm Mut. Auto. Ins. Co., 851 F.2d 134 (6th Cir. 1988); Rhoton v. Central States, Southeast & Southwest Areas Pension Fund, 111 F.2d 988 (6th Cir. 1983).
Reference
- Full Case Name
- John C. LEAHY v. TRANS JONES, INC.
- Status
- Published