ERISA does not require day-to-day corporate business transactions, which may have a collateral effect on prospective, contingent employee benefits, to be performed solely in the interest of plan participants.
Two former employees, terminated at age 54 with 30 years of service, sue their employer and pension plan administrators under ERISA for refusing to bridge their employment to age 55, which would have entitled them to full rather than reduced early retirement benefits. The question presented is whether an employer’s decision to terminate employees rather than bridge their employment constitutes a breach of fiduciary duty under ERISA. The court applies the rule that ERISA does not require day-to-day corporate business transactions, which may have a collateral effect on prospective, contingent employee benefits, to be performed solely in the interest of plan participants. The court holds that the refusal to bridge was an employment decision, not a fiduciary decision subject to ERISA, and affirms the dismissal of the complaint.
At page 566 Determining arbitrariness in benefit plan decisions33 citing cases“day-to-day corporate business transaction”
- Crouch v. Bussen Quarries, Inc., 124 F. Supp. 3d 947 (E.D. Mo. 2015).published(ERISA does not prohibit an employer from acting in accordance with its interests as employer when not administering the plan or investing its assets)
- Whitley v. Stand. Ins., 90 F. Supp. 3d 839 (D. Minn. 2015).publishedSee Varity Corp. v. Howe, 516 U.S. 489, 502 , 116 S.Ct. 1065 , 134 L.Ed.2d 130 (1996); Kalda v. Sioux Valley Physician Partners, Inc., 481 F.3d 639, 645-46 (8th Cir.2007); Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988).
- James Brooks v. Pactiv Corp., 729 F.3d 758 (7th Cir. 2013).publishedSee Larson, 723 F.3d at 916 ; In re Luna, 406 F.3d 1192, 1207 (10th Cir.2005); Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988).
- Smith v. Williams, 819 F. Supp. 2d 1264 (M.D. Fla. 2011).publishedSee Husvar v. Rapoport, 430 F.3d 777, 782 (6th Cir.2005) ("A claim that company directors did not operate the business itself in conformity with sound business practices does not, however, implicate the protections afforded by ERISA.”); se…
- Solis v. Blackford, 759 F. Supp. 2d 1121 (D. Minn. 2011).published Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988); see Leigh v. Engle, 727 F.2d 113, 135 (7th Cir.1984).
- Kalda v. Sioux Valley Physician Partners, Inc., 481 F.3d 639 (8th Cir. 2007).published While a fiduciary must “discharge his duties with respect to a plan solely in the interest of the participants,” 29 U.S.C. § 1104 (a)(1), “the fiduciary provisions of ERISA are not implicated in the sale of a business merely because the te…
- Housman v. Albright, 857 N.E.2d 724 (Ill. App. Ct. 5th Dist. 2006).published “ERISA does not prohibit an employer from acting in accordance with its interests as employer when not administering the plan or investing its assets”
- Eckelkamp v. Beste, 201 F. Supp. 2d 1012 (E.D. Mo. 2002).publishedAdams, et. al. v. LTV Steel Mining Co., 936 F.2d 368, 370 (8th Cir.1991); Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988); see also, Lockheed Corp. v. Spink, 517 U.S. 882, 890 , 116 S.Ct. 1783 , 135 L.Ed.2d 153 (1996); ERISA § 408…
- Mehling v. New York Life Ins., 163 F. Supp. 2d 502 (E.D. Pa. 2001).published(Tosco is a fiduciary within the meaning of ERISA, and thus subject to the fiduciary standard of care, because it appoints and removes members of the administrative committee that administers the pension plan)
- 21 Emp. Benefits Cas. 2249, Pens. Plan Guide (Cch) P 23940b, 133 F.3d 416 (6th Cir. 1998).published“ERISA does not prohibit an employer from acting in accordance with his interests as an employer when not administering the plan or investing the assets”
Show 18 more citing cases
- Grindstaff v. Green, 946 F. Supp. 540 (E.D. Tenn. 1996).published (noting “day-to-day corporate busi *550 ness transactions, which may have a collateral effect on prospective, contingent employee benefits, [do not have to] be performed solely in the interest of plan participants)
- Anderson v. Resolution Trust Corp., 66 F.3d 956 (8th Cir. 1995).publishedERISA does not prohibit an employer from acting in accordance with its interests as employer when not administering the plan or investing its assets.’” Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988) (quoting Phillips v. Amoco Oil…
- Walther v. Pension Plan for Salaried Employees of the Dayton-Walther Corp., 880 F. Supp. 1170 (S.D. Ohio 1994).publishedHickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988); Phillips v. Amoco Oil Co., 799 F.2d 1464, 1471 (11th Cir.1986), cert. denied, 481 U.S. 1016 , 107 S.Ct. 1893 , 95 L.Ed.2d 500 (1987).
- Bicoastal Corp. v. N. Trust Co. (In re Bicoastal Corp.), 146 B.R. 486 (Bankr. M.D. Fla. 1992).publishedHickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988).
- Boland v. King Cnty. Med. Blue Shield, 798 F. Supp. 638 (W.D. Wash. 1992).published(recognizing that an employer had a dual role, as administrator of plan and as employer, and only the role of administrator was held to a fiduciary standard)
- Lynn Martin, Sec'y of Labor, United States Dep't of Labor v. Harvey N. Feilen, Armin P.W. Thielking, Paul W. Thielking, Stephen K. Thielking, John L. Henss, R & N Garage Co., Lakewood Marine Ltd., Paul W. Thielking, O.D., P.C., John L. Henss, C.P.A., Oden, Henss & Thielking, & Capitol Resources Corp., Lynn Martin, Sec'y of Labor, United States Dep't of Labor v. Harvey N. Feilen Armin P.W. Thielking Paul W. Thielking, Stephen K. Thielking, John L. Henss, R & N Garage Co., Lakewood Marine Co., Paul W. Thielking, O.D., P.C., Stephen K. Thielking, C.P.A., P.C., John L. Henss, C.P.A., Oden Henss, & Thielking, Capitol Resources Corp., 965 F.2d 660 (8th Cir. 1992).publishedIn Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988), we held that " 'ERISA does not prohibit an employer from acting in accordance with its interests as employer when not administering the plan or investing its assets.' " (quoting…
- Martin v. Feilen, 965 F.2d 660 (8th Cir. 1992).publishedIn Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988), we held that “ ‘ERISA does not prohibit an employer from acting in accordance with its interests as employer when not administering the plan or investing its assets.’ ” (quoting…
- United Paperworkers Intern. v. Jefferson Smurfit Corp., 771 F. Supp. 992 (E.D. Mo. 1991).publishedHickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988); Phillips v. Amoco Oil Co., 799 F.2d 1464, 1471 (11th Cir.1986), cert. denied, 481 U.S. 1016 , 107 S.Ct. 1893 , 95 L.Ed.2d 500 (1987).
- Adams v. LTV Steel Mining Co., 936 F.2d 368 (8th Cir. 1991).published (quoted case omitted)
- Gulf Resources & Chem. Corp. v. Gavine, 763 F. Supp. 1073 (D. Idaho 1991).publishedAmato v. Western Union Int'l, 773 F.2d 1402 (2nd Cir.1985), cert. dismissed, 474 U.S. 1113 , 106 S.Ct. 1167 , 89 L.Ed.2d 288 (1986); Hickman v. Tosco Corp., 840 F.2d 564, 566-67 (8th Cir.1988); Musto v. American Gen.
- Norman S. Adams v. Avondale Indus., Inc., 905 F.2d 943 (6th Cir. 1990).published“ERISA does not require that ‘day-to-day corporate business transactions, which may have a collateral effect on prospective, contingent employee benefits, be performed solely in the interest of plan participants”
- Hastings v. Wilson, 516 F.3d 1055 (8th Cir. 2008).published (holding that the power to appoint trustees makes one a fiduciary under ERISA)
- Barry v. Trs. of the Int'l Ass'n Full-Time Salaried Officers & Employees of Outside Local Unions, 404 F. Supp. 2d 145 (D.D.C. 2005).published(noting that “ERISA does not require that day-to-day corporate business transactions, which may have a collat *152 eral effect on prospective, contingent employee benefits, be performed solely in the interest of plan par…)
- Brown v. Am. Life Holdings, Inc., 64 F. Supp. 2d 882 (S.D. Iowa 1998).publishedSee Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988); Martin, 965 F.2d at 666 (stating that sweeping liability is inconsistent with “congressional intent to encourage the use of ESOPs as a technique of corporate finance”).
- Karbosky v. BASF Corp., 757 F. Supp. 813 (E.D. Mich. 1991).publishedSee Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988) (“ ‘ERISA ... envisions that employers will act in a dual capacity as both fiduciary to the plan and as employer.
- Berlin v. Michigan Bell Tel. Co., 858 F.2d 1154 (6th Cir. 1988).publishedSee Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988) (“ ‘ERISA ... envisions that employers will act in a dual capacity as both fiduciary to the plan and as employer.
- Frank M. Berlin v. Michigan Bell Tel. Co., 858 F.2d 1154 (6th Cir. 1988).publishedSee Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988) (" 'ERISA ... envisions that employers will act in a dual capacity as both fiduciary to the plan and as employer.
- Morse v. Adams, 857 F.2d 339 (6th Cir. 1988).published See Hickman v. Tosco Corp., 840 F.2d 564, 566 (8th Cir.1988) (“ ‘ERISA ... envisions that employers will act in a dual capacity as both fiduciary to the plan and as employer.
At page 565 Analyzing early retirement benefits under pension plan rules2 citing casesof employment until they reached the age of 55 and, as a result, denying them “full” early retirement benefits. For reversal, appellants argue the district…
- Doan v. INS, 990 F. Supp. 744 (E.D. Mo. 1997).publishedConley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957); Hickman v. Tosco Corp., 840 F.2d 564, 565 (8th Cir.1988); Jackson Sawmill Co. v. United States, 580 F.2d 302, 306 (8th Cir.1978), cert. denied, 439 U.S. 1070 , 99 S.…
- Jones v. Clinton, 974 F. Supp. 712 (E.D. Ark. 1997).publishedSee also Hickman v. Tosco Corp., 840 F.2d 564, 565 (8th Cir.1988); Fusco v. Xerox Corp., 676 F.2d 332, 334 (8th Cir.1982).
At page 567 Employer employment decisions not subject to fiduciary standard1 citing casedefendant’s decision to terminate employee rather than carry him on payroll did not directly affect the administration of the pension plan or its assets
- Bodine v. Employers Cas. Co., 352 F.3d 245 (5th Cir. 2003).published(defendant’s decision to terminate employee rather than carry him on payroll did not directly affect the administration of the pension plan or its assets)
Other citing cases
- Baumgardner v. Inco Alloys Int'l, Inc., 746 F. Supp. 623 (S.D. W. Va. 1990).published
- Amos v. Blue Cross-Blue Shield of Alabama, 681 F. Supp. 1515 (N.D. Ala. 1988).published
v.
TOSCO CORPORATION, The Administrative Committee of the Tosco Corporation Pension Plan (John Drosdick, Erick Schwartz, and James Cleary)
L.G. “Pat” Hickman and Paul Frazier appeal from a final judgment entered in the District Court[1] for the Western District of Arkansas dismissing their complaint for failure to state a claim pursuant to Fed.R. Civ.P. 12(b)(6). Hickman v. Tosco Corp., No. 86-1132 (W.D.Ark. Feb. 9, 1987). Appellants alleged that the Tosco Corp. (Tosco), the Administrative Committee of the Tosco Corp. Pension Plan and three individual members of the Administrative Committee, John Drosdick, Erick Schwartz and James Cleary (collectively referred to as appellees), violated certain sections of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., by refusing to “bridge”[2] their periods[*565] of employment until they reached the age of 55 and, as a result, denying them “full” early retirement benefits.
For reversal, appellants argue the district court erred in dismissing their complaint for failure to state a claim. Appellants argue that their complaint sufficiently alleged that the administrative committee was administering the pension plan in an arbitrary and discriminatory manner by granting “full” early retirement benefits to some employees but not to others. Appellants also argue that Tosco’s refusal to “bridge” their periods of employment until they reached age 55 was a breach of its duty as a plan fiduciary under ERISA. For the reasons discussed below, we affirm the judgment of the district court.
Appellants were employed as full-time salaried employees at Tosco’s El Dorado refinery. On April 30,1985, Tosco sold the refinery and terminated appellants. At the time of termination each appellant was 54 years old.[3] As former Tosco employees, appellants are participants in the Tosco Corp. pension plan, which is administered by the administration committee. Under the terms of the pension plan, participants with 30 years of service who are 55 years old at the time of termination are entitled to “full ” early retirement benefits. However, participants with 30 years of service who are terminated before the age of 55 are entitled only to “reduced ” early retirement benefits. Because appellants were terminated before the age of 55, the administrative committee determined that they were entitled to receive only “reduced” early retirement benefits. Each appellant asked appellees to “bridge” his period of employment until he reached the age of 55 so that he would be entitled to receive “full” early retirement benefits. Appellees refused to do so.
Appellants then filed this action in federal district court, pursuant to ERISA § 502, 29 U.S.C. § 1132, asserting that appellees routinely “bridged” other salaried employees who were terminated less than one year before reaching age 55 and that this practice was a matter of common knowledge among Tosco employees. Appellants alleged that appellees’ refusal to “bridge” their periods of employment was arbitrary, capricious, an abuse of discretion, in bad faith, discriminatory, and a breach of appel-lees’ fiduciary duty to appellants as participants in the pension plan, in violation of certain ERISA provisions. Appellants sought injunctive relief and attorney’s fees and costs. Appellees filed a Rule 12(b)(6) motion to dismiss for failure to state a claim.
The district court dismissed the complaint with prejudice for failure to state a claim. Noting that appellants had themselves stated in their complaint that, under the terms of the pension plan, they were not entitled to “full” early retirement benefits, the district court held that the decision of the administrative committee to deny appellants’ request for “full” early retirement benefits was not arbitrary, capricious or an abuse of discretion. Slip op. at 4. The district court also held that Tosco’s refusal to “bridge” appellants’ employment to age 55 was an employment decision and not a fiduciary decision subject to ERISA. Id. at 7. This appeal followed.
Rule 12(b)(6) dismissals are not favored. “In appraising the sufficiency of the complaint we follow ... the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of [the] claim which would entitle [the plaintiff] to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957). “A complaint must be viewed in the light most favorable to the plaintiff and should not be dismissed merely because the court doubts that a plaintiff will be able to prove all of the necessary factual allegations.” Fusco v. Xerox Corp., 676 F.2d 332, 334 (8th Cir.1982). In the present case, we[*566] agree with the district court that appellants were not entitled to relief as a matter of law.
Appellants first challenge the decision of the administrative committee to deny them “full” early retirement benefits. Appellants receive “reduced” early retirement benefits. “Federal courts may overturn a decision of private pension fund fiduciaries only if the decision is arbitrary, capricious or an abuse of discretion.” Lawrence v. Westerhaus, 780 F.2d 1321, 1322 (8th Cir.1985); see also Wardle v. Central States, Southeast & Southwest Areas Pension Fund, 627 F.2d 820, 823-24 (7th Cir.1980), cert. denied, 449 U.S. 1112, 101 S.Ct. 922, 66 L.Ed.2d 841 (1981). “[B]enefit determinations cannot be arbitrary and capricious as a matter of law if those decisions contain no element of dis-cretion_ [A]n administrator who strictly adheres to the lawful terms of an employee benefit plan may not be found to have acted arbitrarily and capriciously.” Foltz v. U.S. News & World Report, Inc., 613 F.Supp. 634, 639 (D.D.C.1985).
Under the terms of the pension plan, entitlement to either “full” or “reduced” early retirement benefits was not subject to the discretion of the administrative committee. As noted by the district court, appellants acknowledged in their complaint that, according to the strict terms of the pension plan and associated administrative documents, they were not entitled to “full” early retirement benefits because they were terminated before the age of 55. Appellants also acknowledged that “bridging” was not within the express provisions of the pension plan. Because the denial of “full” early retirement benefits to appellants was in strict compliance with the terms of the pension plan, the decision of the administrative committee was not arbitrary, capricious or an abuse of discretion as a matter of law. See Moehle v. NL Industries, Inc., 646 F.Supp. 769, 777 (E.D.Mo.1986) (Moehle).
Appellants next argue that Tosco’s refusal to “bridge” their periods of employment until they reached age 55, when they would have been entitled to receive “full” early retirement benefits, was a breach of its duty as a plan fiduciary under ERISA. In essence, appellants argue that Tosco as plan fiduciary had a fiduciary duty under ERISA to maximize appellants’ pension benefits by “bridging” their periods of employment. We disagree.
Tosco is a fiduciary within the meaning of ERISA, and thus subject to the fiduciary standard of care, because it appoints and removes the members of the administrative committee that administers the pension plan. ERISA § 404 (“prudent” person standard of care), 29 U.S.C. § 1104; see, e.g., Moehle, 646 F.Supp. at 778, citing Central States, Southeast & Southwest Areas Pension Fund v. Central Transport, Inc., 472 U.S. 559, 570-72, 105 S.Ct. 2833, 2840-41, 86 L.Ed.2d 447 (1985). However, “the ERISA scheme envisions that employers will act in a dual capacity as both fiduciary to the plan and as employer. ERISA does not prohibit an employer from acting in accordance with its interests as employer when not administering the plan or investing its assets.” Phillips v. Amoco Oil Co., 799 F.2d 1464, 1471 (11th Cir.1986) (Phillips), aff'g 614 F.Supp. 694, 716-17 (N.D.Ala.1985), cert. denied, — U.S. -, 107 S.Ct. 1893, 95 L.Ed.2d 500 (1987). ERISA does not require that “day-to-day corporate business transactions, which may have a collateral effect on prospective, contingent employee benefits, be performed solely in the interest of plan participants.” Phillips, 614 F.Supp. at 718, citing Sutton v. Weirton Steel Division of National Steel Corp., 567 F.Supp. 1184, 1200-01 (N.D.W.Va.), aff'd, 724 F.2d 406, 411 (4th Cir.1983), cert. denied, 467 U.S. 1205, 104 S.Ct. 2387, 81 L.Ed.2d 345 (1984). Accord NLRB v. Amax Coal Co., 453 U.S. 322, 333-34, 101 S.Ct. 2789, 2796-97, 69 L.Ed.2d 672 (1981); Amato v. Western Union International, Inc., 773 F.2d 1402, 1416 (2d Cir.1985), cert. dismissed, 474 U.S. 1113, 106 S.Ct. 1167, 89 L.Ed.2d 288 (1986); Dhayer v. Weirton Steel Division of National Steel Corp., 571 F.Supp. 316, 328-29 (N.D.W.Va.), aff'd sub nom. Sutton v. Weirton Steel Division of National Steel Corp., 724 F.2d 406, 411 (4th[*567] Cir.1983), cert. denied, 467 U.S. 1205, 104 S.Ct. 2387, 81 L.Ed.2d 345 (1984); Moehle, 646 F.Supp. at 779.
We agree with the district court that appellants’ attack on Tosco’s refusal to “bridge” their periods of employment is an attack on Tosco’s actions as an employer and not as a plan fiduciary. Tosco’s decisions to terminate appellants rather than carry them on the payroll were employment decisions that did not directly affect the administration of the pension plan or the investment of its assets. See Moehle, 646 F.Supp. at 778-80 (employer’s refusal to place plaintiffs on layoff status after plant closing in order to maximize their pension benefits held employment decision); cf. Phillips, 614 F.Supp. at 716-17 (benefits for early retirement, rather than normal retirement, must be actuarially reduced per ERISA § 206, 29 U.S.C. § 1056). For this reason, Tosco’s refusal to “bridge” is not subject to ERISA’s fiduciary standard of care.
Accordingly, the judgment of the district court is affirmed.
The Honorable Oren Harris, United States Senior District Judge for the Western District of Arkansas.
"Bridging" permits an employee to technically remain on the payroll until he or she reaches age 55 and is eligible for full retirement benefits. Bridging can be accomplished in several ways, for example, by placing the employee on[*565] a leave of absence or by spreading out the employee's severance' and vacation payments over an extended period of time.
It was undisputed that Hickman had at least 30 years of service. According to appellees, Frazier had less than 30 years of service upon termination.