National Retirement Fund, 754 F.2d 473, 476 (CA2 1985), or former employees who "have . The District Court granted Firestone's motion for summary judgment. The Secretary [of Labor] may by regulation prescribe the maximum amount which will constitute a reasonable charge under the preceding sentence. Most of the approximately 500 salaried employees at the five plants were rehired by Occidental and continued in their same positions without interruption and at the same rates of pay. Adopting Firestone's. At the time of the sale of its Plastics Division, Firestone was not aware that the termination pay plan was governed by ERISA, and therefore had not set up a claims procedure, § 1133, nor complied with ERISA's reporting and disclosure obligations, §§ 1021-1031, with respect to that plan.   In light of Congress' general intent to incorporate much of LMRA fiduciary law into ERISA, see NLRB v. Amax Coal Co., 453 U. S. 322, 453 U. S. 32 (1981), and because ERISA, like the LMRA, imposes a duty of loyalty on fiduciaries and plan administrators, Firestone argues that the LMRA arbitrary and capricious standard should apply to ERISA actions. The District Court concluded that respondents were not entitled to damages under § 1132(c) because they were not plan "participants" or "beneficiaries" at the time they requested information from Firestone. In determining the appropriate standard of review for actions under 1132(a)(1)(B), we are guided by principles of trust law. 186(c), a provision of the Labor Management Relations Act, 1947 (LMRA). 519 (ED Pa. 1986). Copyright © 2020, Thomson Reuters. The relevant portion of the definition, however, refers to an employee "who is or may become eligible to receive a benefit." See Brief for Petitioners 19-20. In Count I of their complaint, respondents alleged that they were entitled to severance benefits because Firestone's sale of the Plastics Division to Occidental constituted a "reduction in work force" within the meaning of the termination pay plan. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 114 (1989). Ante, at 117. as Amici Curiae 10-11. (a) The arbitrary and capricious standard -- which was developed under the Labor Management Relations Act, 1947 (LMRA) and adopted by some federal courts for § 1132(a)(1)(B) actions in light of ERISA's failure to provide an appropriate standard of review for that section -- should not be imported into ERISA on a wholesale basis. Trust principles make a deferential standard of review appropriate when a trustee exercises discretionary powers. Since the Supreme Court’s decision in Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 (1989), federal courts have reviewed an ERISA health plan’s denial of benefits for arbitrariness and capriciousness, so long as the plan explicitly grants discretionary authority to an administrator or other fiduciary to render benefit decisions. Listed below are the cases that are cited in this Featured Case. See also Comment, The Arbitrary and Capricious Standard Under ERISA: Its Origins and Application, 23 Duquesne L. Rev. The LMRA does not provide for judicial review of the decisions of LMRA trustees. Moreover, ERISA provisions that define a fiduciary as one who "exercises any discretionary authority," give him control over the plan's operation and administration, and require that he provide a "full and fair review" of claim denials cannot be interpreted to empower him to exercise all his authority in a discretionary manner. 1132(c) (1)(B) (1982 ed., Supp. U.S. 322, 332 There is an obvious parallelism here: one "may become" eligible by acquiring, in the future, the same characteristic of eligibility that someone who "is" eligible now possesses. Internet Explorer 11 is no longer supported. Audio Transcription for Opinion Announcement – February 21, 1989 in Firestone Tire & Rubber Company v. Bruch William H. Rehnquist: The opinions of the Court in three cases will be announced by Justice O’Connor. § 1002(21)(A)(i). Late in 1980, petitioner Firestone Tire and Rubber Company (Firestone) sold, as going concerns, the five plants composing its Plastics Division to Occidental Petroleum Company (Occidental). We likewise express no views as to whether respondents were "participants" with respect to the benefit plans about which they sought information. Tr. U.S. 101, 105] Cf. 87-1054. Without this jurisdictional analogy, LMRA principles offer no support for the adoption of the arbitrary and capricious standard insofar as § 1132 (a)(1)(B) is concerned. In Count VII, respondents alleged that they were entitled to damages under 1132 (c) because Firestone had breached its reporting obligations under 1025(a). Because the bill was never enacted, Firestone asserts that we should conclude that Congress was satisfied with the arbitrary and capricious standard. -57 (1987) (describing scope of 1132(a)). Firestone was the sole source of funding for the plans and had not established separate trust funds out of which to pay the benefits from the plans. Appeals reasoned that § 1132(a)(1) should be read to mean that "a civil action may be brought by someone who claims to be a participant or beneficiary.'" 828 F.2d 134 (CA3 1987). We held in Firestone Tire & Rubber Co. v. Bruch, 489 U. S. 101 (1989), that an ERISA plan adminis- But the provisions relied upon so heavily by Firestone do not characterize a fiduciary as one who exercises entirely discretionary authority or control. Id., at 521-526. Unlike the LMRA, ERISA explicitly authorizes suits against fiduciaries and plan administrators to remedy statutory violations, including breaches of fiduciary duty and lack of compliance with benefit plans. U.S. 101, 120] ] Briefs of amici curiae urging reversal were filed for the American Council of Life Insurance et al. 640 F. Supp. "This view attributes conventional meanings to the statutory language since all employees in covered employment and former employees with a colorable claim to vested benefits `may become eligible.' The LMRA does not provide for judicial review of the decisions of LMRA trustees. . The Federal District Court granted summary judgment for Firestone, holding that the company had satisfied its fiduciary duty as to the benefits requests because its decision not to pay was not arbitrary or capricious, and that it had no disclosure obligation to respondents because they were not plan "participants" within the meaning of § 1002(7) at the time they requested the information. FIRESTONE TIRE & RUBBER CO. v. BRUCH(1989). Faced with the possibility of $100 a day in penalties under 1132(c)(1)(B), a rational plan administrator or fiduciary would likely opt to provide a claimant with the information requested if there is any doubt as to whether the claimant is a "participant," especially when the reasonable costs of producing the information can be recovered. V. BRUCH ET AL. 1001 (setting forth congressional findings and declarations of policy regarding ERISA). 87-1054 . ", The Court of Appeals noted that § 1132(a)(1) allows suits for benefits "by a participant or beneficiary." Late in 1980, petitioner Firestone Tire and Rubber Company (Firestone) sold, as going concerns, the five plants composing its Plastics Division to Occidental Petroleum Company (Occidental). (1985). Begin typing to search, use arrow keys to navigate, use enter to select. § 186(c) authorizes unions and employers to set up pension plans jointly and provides that contributions to such plans be made "for the sole and exclusive benefit of the employees . From these provisions, Firestone concludes that an ERISA plan administrator, fiduciary, or trustee is empowered to exercise all his authority in a discretionary manner subject only to review for arbitrariness and capriciousness. 473 and their families and dependents." With respect to Count VII, the District Court held that, although 1024(b)(4) imposes a duty on a plan administrator to respond to written requests for information about the plan, that duty extends only to requests by plan participants and beneficiaries. See, e.g., Conner v. Phoenix Steel Corp., 249 A.2d 866 (Del.1969); Atlantic Steel Co. v. Kitchens, 228 Ga. 708, 187 S.E.2d 824 (1972); Sigman v. Rudolph Wurlitzer Co., 57 Ohio App. ", Nichols v. Eaton, 91 U. S. 716, 91 U. S. 724-725 (1875) (emphasis added). Co. v. Russell, 473 U.S. at 473 U. S. 148. See also Central States, Southeast and Southwest Areas Pension Fund v. Central Transport, Inc., supra, at 568 ("The trustees' determination that the trust documents authorize their access to records here in dispute has significant weight, for the trust agreement explicitly provides that `any construction [of the agreement's provisions] adopted by the Trustees in good faith shall be binding upon the Union, Employees, and Employers'"). . 6226, 97th Cong., 2d Sess. We do not think Congress' purpose in enacting the ERISA disclosure provisions -- ensuring that "the individual participant knows exactly where he stands with respect to the plan," H.R.Rep. 40. 94. Id., 559, at 169-171. Those questions are best left to the Court of Appeals on remand. Respondents' action asserting that they were entitled to benefits because the sale of Firestone's Plastics Division constituted a "reduction in work force" within the meaning of the termination pay plan was based on the authority of 1132(a) (1)(B). But other settled principles of trust law, which point to de novo review of benefit eligibility determinations based on plan interpretations, belie this contention. ET AL. BRUCH v. FIRESTONE TIRE AND RUBBER CO. OPINION OF THE COURT. At the time of the sale, Firestone maintained three pension and welfare benefit plans for its employees: a termination pay plan, a retirement plan, and a stock purchase plan. See Van Boxel v. Journal Co. Employees' Pension Trust, 836 F.2d 1048, 1052 (CA7 1987) ("[W]hen a plan provision as interpreted had the effect of denying an application for benefits unreasonably, or as it came to be said, arbitrarily and capriciously, courts would hold that the plan as structured' was not for the sole and exclusive benefit of the employees, so that the denial. 828 F.2d 134, affirmed in part, reversed in part, and remanded. ERISA abounds with the language and terminology of trust law. With its en banc decision in Ariana v.Humana Health Plan of Texas, 1 the Fifth Circuit reconsidered the standard of review in an ERISA denial of benefits case.. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) (“Firestone”) provided employee benefit plan administrators with a powerful cloak of protective deference, so long as they have been granted discretion. Since, however, no employer 4, 11 N.E.2d 878 (1937). Respondents have not alleged that they are "beneficiaries" as defined in § 1002(8). Bowsher v. Merck & Co., 460 U. S. 824, 460 U. S. 837, n. 12 (1983). ", "concede[d] that it is expensive and inefficient to provide people with information about benefits -- and to permit them to obtain damages if information is withheld -- if they are clearly not entitled to the benefits about which they are informed.". ", When Firestone did not comply with their request for information, respondents sought damages under 29 U.S.C. § 1001 (setting forth congressional findings and declarations of policy regarding ERISA). 412 The Court holds that a person with a colorable claim is one who "`may become eligible' for benefits" within the meaning of the statutory definition of "participant," because, it reasons, such a claim raises the possibility that "he or she will prevail in a suit for benefits." Under ERISA. Firestone set forth four principles of … In Count VII, respondents alleged that they were entitled to damages under § 1132(c) because Firestone had breached its reporting obligations under § 1025(a). And I find it contrary to normal usage to think that the characteristic of "being" eligible consists of "having prevailed in a suit for benefits." Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989) Firestone Tire & Rubber Co. v. Bruch. , n. 12 (1983). See, e.g., 29 U.S.C. Massachusetts Mutual Life Ins. 24-25; Reply Brief for Petitioners 7, n. 2; Brief for United States as Amicus Curiae 14-15, n. 11. (1988), to resolve the conflicts among the Courts of Appeals as to the appropriate standard of review in actions under 1132(a)(1)(B) and the interpretation of the term "participant" in 1002(7). Though "instructive," failure to act on the proposed bill is not conclusive of Congress' views on the appropriate standard of review. Respondents then filed a class action on behalf of "former, salaried, nonunion employees who worked in the five plants that comprised the Plastics Division of Firestone." At the time of the sale of its Plastics Division, Firestone was not aware that the termination pay plan was governed by ERISA, and therefore had not set up a claims procedure, 1133, nor complied with ERISA's reporting and disclosure obligations, 1021-1031, with respect to that plan. Docket no. The Court of Appeals reversed the District Court's grant of summary judgment on Counts I and VII. Google Chrome, We express no view as to the appropriate standard of review for actions under other remedial provisions of ERISA. Search for: "Firestone Tire & Rubber Co. v. Bruch" Results 1 - 20 of 30. Id. Argued November 30, 1988. In Firestone Tire, the Court reasoned that the default standard of review for ERISA benefits cases should be de novo; but, because plan administrators Saladino v. I.L.G.W.U. Syllabus. Despite these principles of trust law pointing to a de novo standard of review fOr claims like respondents', Firestone would have us read ERISA to require the application of the arbitrary and capricious standard to such claims. Firestone set forth four principles of … Id. ET AL. (1960). . §§ 1132(a), 1132(f). [489 Congress did not say that all "claimants" could receive information about benefit plans. It reasoned that in such situations deference is unwarranted given the lack of assurance of impartiality on But other settled principles of trust law, which point to de novo review of benefit eligibility determinations based on plan interpretations, belie this contention. (1982), reprinted in Pension Legislation: Hearings on H.R. By operation of law, Firestone itself was the administrator, 29 U.S.C. Decided February 21, 1989. 93-533, p. 11 (1973) -- will be thwarted by a natural reading of the term "participant." Congress' purpose in enacting the ERISA disclosure provisions -- ensuring that the individual participant knows exactly where he stands -- will not be thwarted by this natural reading of "participant," since a rational plan administrator or fiduciary faced with the possibility of $100-a-day penalties under § 1132(c)(1)(B) for failure to disclose would likely opt to provide a claimant with the requested information if there were any doubt that he was a participant, especially since the claimant could be required to pay the reasonable. Stay up-to-date with FindLaw's newsletter for legal professionals. Id., at 153. 828 F.2d at 137-145. The District Court granted Firestone's motion for summary judgment. To say that a "participant" is any person who claims to be one begs the question of who is a "participant" and renders the definition set forth in 1002(7) superfluous. Decided Feb. 21, 1989. U.S. 824, 837 United States v. Price, 361 U. S. 304, 361 U. S. 313 (1960). And so a court must often “look outside the plan’s written language” to decide what an agreement means. (1981), and because ERISA, like the LMRA, imposes a duty of loyalty on fiduciaries and plan administrators, Firestone argues that the LMRA arbitrary and capricious standard should apply to ERISA actions. Firestone can seek no shelter in these principles of trust law, however, for there is no evidence that under Firestone's termination pay plan the administrator has the power to construe uncertain terms or that eligibility determinations are to be given deference. All three of the plans were either "employee welfare benefit plans" or "employee pension benefit plans" governed (albeit in different ways) by ERISA. 481 * "[T]he views of a subsequent Congress form a hazardous basis for inferring the intent of an earlier one." 485 Ibid. Because we do not rest our decision on the concern for impartiality that guided the Court of Appeals, see 828 F.2d at 143-146, we need not distinguish between types of plans or focus on the motivations of plan administrators and fiduciaries. . 1033, 1037-1039 (1985). Although it is a "comprehensive and reticulated statute," Nachman Corp. v. Pension Benefit Guaranty Corp., 446. 1001 et seq. Petitioner Firestone Tire & Rubber Co. (Firestone) maintained, and was the plan administrator and fiduciary of, a termination pay plan and two other unfunded employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. The bill's demise may have been the result of events that had nothing to do with Congress' view on the propriety of de novo review. 986, 994, n. 40 (1986). See also Franchise Tax Board v. Construction Laborers Vacation Trust, 1980). We granted certiorari, Recently the Eighth Circuit Court of Appeals affirmed the trial court's summary judgment order in a similar case Lakey v. Remington Arms, 874 F.2d 541 (8th Cir.1989). 446 It tried to solve this dilemma by suggesting that courts use discretion and not award damages if the employee's claim for benefits was not colorable or if the employer did not act in bad faith. ", "The amount of termination pay you will receive will depend on your period of credited company service.". See, e. g., 29 U.S.C. A former employee who has neither a reasonable expectation of returning to covered employment nor a colorable claim to vested benefits, however, simply does not fit within the [phrase] `may become eligible.'" Those reasons have nothing to do with the concern for impartiality that guided the Court of Appeals, and the de novo standard applies regardless of whether the plan at issue is funded or unfunded and whether the administrator or fiduciary is operating under a conflict of interest. ", 3 W. Fratcher, Scott on Trusts § 201, at 221 (emphasis added). See also United States v. Mason, 412 U. S. 391, 412 U. S. 399 (1973). 479 and their families and dependents." See United States v. Detroit Lumber Co., 200 U.S. 321, 337, 26 S.Ct. . In order to establish that he or she "may become eligible" for benefits, a claimant must have a colorable claim that (1) he or she will prevail in a suit for benefits, or that (2) eligibility requirements, "This view attributes conventional meanings to the statutory language, since all employees in covered employment and former employees with a colorable claim to vested benefits 'may become eligible.' . We do not think that this bit of legislative inaction carries the day for Firestone. by Rex E. Lee, Carter G. Phillips, Mark D. Hopson, Stephen A. Bokat, Robin S. Conrad, Jan S. Amundson, and Quentin Riegel; for the ERISA Industry Committee by John M. Vine, Harris Weinstein, and Elliott Schulder; and for the Travelers Insurance Co. by Carol H. Jewett. The court in Adcock v. The Firestone Tire & Rubber Co., 616 F. Supp. ERISA was enacted "to promote the interests of employees and their beneficiaries in employee benefit plans," Shaw v. Delta Airlines, Inc., 463 U. S. 85, 463 U. S. 90 (1983), and "to protect contractually defined benefits," Massachusetts Mutual Life Ins. Part of the Bridgestone Corp. This view attributes conventional meanings to the statutory language, since the "may become eligible" phrase clearly encompasses all employees in covered employment and former employees with a colorable claim to vested benefits, but simply does not apply to a former employee who has neither a reasonable expectation of returning to covered employment nor a colorable claim to vested benefits. at 521-526. Co. v. Dedeaux, supra, at 56. A trustee may be given power to construe disputed or doubtful terms, and in such circumstances the trustee's interpretation will not be disturbed if reasonable. Instead, in a Supreme Court decision from 1989, Firestone Tire & Rubber Co. v. Bruch, 489 U.S.110, 115, the Court reasoned that the employer and ERISA administrator could agree on a more deferential standard of review. U.S. 391, 399 361 ERISA's legislative history confirms that the Act's fiduciary responsibility provisions, 29 U.S.C. Moreover, as to both funded and unfunded plans, the threat of increased litigation is not sufficient to outweigh the reasons for a de novo standard that we have already explained. A "participant" entitled to disclosure under § 1024(b)(4) and to damages for failure to disclose under § 1132(c)(1)(B) does not include a person who merely claims to be, but is not, entitled to a plan benefit. [2] "The plan is subject to the procedural protections … U.S. 101, 108] 3 W. Fratcher, Scott on Trusts § 187, p. 14 (4th ed.1988). [489 A comparison of the LMRA and ERISA, however, shows that the wholesale importation of the arbitrary and capricious standard into ERISA is unwarranted. See Brief for Petitioners 19-20. standards, and since the views of a subsequent Congress form a hazardous basis for inferring the intent of an earlier one. 489 U. S. 108-115. § 1001 et seq. In relevant part, that plan provides as follows: Respondents then filed a class action on behalf of "former, salaried, non-union employees who worked in the five plants that comprised the Plastics Division of Firestone." . [Periodical] Retrieved from the Library of Congress, https://www.loc.gov/item/usrep489101/. JUSTICE O'CONNOR delivered the opinion of the Court. Whether "the exercise of a power is permissive or mandatory depends upon the terms of the trust." Given this language and history, we have held that courts are to develop a "federal common law of rights and obligations under ERISA-regulated plans." 1002(8). The raison d'etre for the LMRA standard -- the need for a jurisdictional basis in benefits denial suits against joint labor-management pension plan trustees whose decisions are not expressly made reviewable by the LMRA -- is not present in ERISA, which explicitly authorizes suits against fiduciaries and plan administrators to remedy statutory violations, including breaches of fiduciary duty and lack of compliance with plans. Co. v. Russell, Firefox, or Martin Wald argued the cause for petitioners. U.S. 559, 570 § 186(c), a provision of the Labor Management Relations Act, 1947 (LMRA). That provision allows a suit to recover benefits due under the plan, to enforce rights under the terms of the plan, and to obtain a declaratory judgment of future entitlement to benefits under the provisions of the plan contract. 87-1054 Argued: November 30, 1988 Decided: February 21, 1989. [489 . 87-1054. sensible enough to consult the law would be senseless enough to take that risk, giving the term its defined meaning would produce precisely the same incentive for disclosure as the Court's opinion. [489 Central States, Southeast and Southwest Areas Pension Fund v. Central Transport, Inc., Saladino v. I. L. G. W. U. No. Â. Although it is a "comprehensive and reticulated statute," Nachman Corp. v. Pension Benefit Guaranty Corp., This case presents two questions concerning the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. Federal courts adopted the arbitrary and capricious standard both as a standard of review and, more importantly, as a means of asserting jurisdiction over suits under § 186(c) by beneficiaries of LMRA plans who were denied benefits by trustees. 104-106. 640 F. FIRESTONE TIRE & RUBBER CO. v. BRUCH(1989) No. The Court of Appeals did not attempt to determine whether respondents were "participants" under 1002(7). [489 . As this case aptly demonstrates, the validity of a claim to benefits under an ERISA plan is likely to turn on the interpretation of terms in the plan at issue. . Consistent with established principles of trust law, we hold that a denial of benefits challenged under 1132(a)(1)(B) is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.   Id., at 138 (citing cases). at 138 (citing cases). A beneficiary is "a person designated by a participant, or by the terms of an employee benefit plan, who is or may become entitled to a benefit thereunder." Id., at 105; see also id., at 108. In our view, the term "participant" is naturally read to mean either "employees in, or reasonably expected to be in, currently covered employment," Saladino v. I.L.G.W.U. Firestone and its amici also assert that a de novo standard would contravene the spirit of ERISA because it would impose much higher administrative and litigation costs and therefore discourage employers from creating benefit plans. Hence, over a century ago we remarked that "[w]hen trustees are in existence, and capable of acting, a court of equity will not interfere to control them in the exercise of a discretion vested in them by the instrument under which they act." Under ERISA a plan participant is "any employee or former employee . See also Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U. S. 1, 463 U. S. 24, n. 26 (1983) ("[A] body of Federal substantive law will be developed by the courts to deal with issues involving rights and obligations under private welfare and pension plans'") (quoting 129 Cong.Rec. who is or may become eligible to receive a benefit of any type from an employee benefit plan." 193-208 (2d rev. With respect to Count I, the District Court held that Firestone had satisfied its fiduciary duty under ERISA because its decision not to pay severance benefits to respondents under the termination, pay plan was not arbitrary or capricious. § 1024(b)(4), one of. See Restatement (Second) of Trusts § 187 (1959) ("Where discretion is conferred upon the trustee with respect to the exercise of a power, its exercise is not subject to control by the court except to prevent an abuse by the trustee of his discretion"). Respondents unsuccessfully sought plan information from Firestone pursuant to 29 U.S.C. (1988) U.S. Reports: Firesone Tire and Rubber Co. v. Bruch, 489 U.S. 101. Respondents, six Firestone employees who were rehired by Occidental, sought severance benefits from Firestone under the termination pay plan. Co. v. Dedeaux, 481 U. S. 41, 481 U. S. 52-57 (1987) (describing scope of § 1132(a)). Bogert & Bogert, supra, 559, at 162-168; Restatement (Second) of Trusts 201, Comment b (1959). As they do with contractual provisions, courts construe terms in trust agreements without deferring to either party's interpretation. The action was based on 1132(a)(1), which provides that a "civil action may be brought . denied, 2 Black & Decker Disability Plan v. Nord, 538 U.S. 822, 830 (2003) (quoting Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 113 (1989)).To that end, ERISA allows suits to recover benefits due under a plan, to enforce rights under the terms of a plan, pay plan was not arbitrary or capricious. U.S., at 148 No. who fails or refuses to comply with a request for any information which such administrator is required by this subchapter to furnish to a participant or beneficiary . See Brief for Respondents 463 United States Supreme Court. . Co. v. Russell, 473 U. S. 134, 473 U. S. 146 (1985). CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR. 282, 287, 50 L.Ed. Language ” to decide what an agreement means at issue here runs to 81 pages, 139. 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