American Federation of Grain Millers v. International Multifoods Corp.

116 F.3d 976, 155 L.R.R.M. (BNA) 2577, 1997 U.S. App. LEXIS 15014, 1997 WL 339866
CourtCourt of Appeals for the Second Circuit
DecidedJune 23, 1997
DocketNo. 1096, Docket 96-7948
StatusPublished
Cited by87 cases

This text of 116 F.3d 976 (American Federation of Grain Millers v. International Multifoods Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Federation of Grain Millers v. International Multifoods Corp., 116 F.3d 976, 155 L.R.R.M. (BNA) 2577, 1997 U.S. App. LEXIS 15014, 1997 WL 339866 (2d Cir. 1997).

Opinion

MESKILL, Circuit Judge:

For many years, the International Multi-foods Corp. (Multifoods) paid the entire premium required to provide medical insurance to its retirees. However, in 1992 Multifoods announced that in the future, if premiums increased at a rate faster than an inflationary measure selected by Multifoods, the retirees would have to pay the difference to maintain medical insurance.

The American Federation of Grain Millers (AFGM), several of AFGM’s local unions and fifteen named retirees1 sued Multifoods under the Labor-Management Relations Act (LMRA) § 301, 29 U.S.C. § 185, alleging that collective bargaining agreements (CBAs) between Multifoods and the unions prevented Multifoods from making the change. Although the CBAs all had expired, plaintiffs alleged that Multifoods promised vested retirement benefits in the CBAs. Plaintiffs also sued under the Employee Retirement Income Security Act (ERISA), 29 U.S.C. [978]*978§ 1132, alleging that Multifoods promised vested retirement benefits in Multifoods’ ERISA plan documents.

In the alternative, plaintiffs argued that Multifoods amended its ERISA plan in an improper manner, arguing (1) that it was improper for Multifoods to fail to disclose in its ERISA summary plan description that it reserved the right to amend the plan, (2) that Multifoods faded to follow required procedures for amending the plan, and (3) that after Multifoods amended the plan, Multi-foods did not provide the retirees with proper notice that the plan had been amended.

The United States District Court for the Western District of New York, Elfvin, J., concluded that plaintiffs did not make the necessary showing of a promise of vested health care benefits to the retirees in either the CBAs or the ERISA plan documents, or that Multifoods improperly amended its ERISA plan. The district court therefore granted summary judgment to Multifoods. We affirm.

BACKGROUND

Multifoods and AFGM entered a “Master” collective bargaining agreement which covered most of AFGM’s locals, and Multifoods also entered into individual CBAs with a few of AFGM’s local unions that were not covered by the “Master” agreement. AFGM and its various locals will be referred to collectively, hereafter, as “unions.” Each CBA expressly required Multifoods to provide its retirees with medical insurance at no cost to the retirees, and Multifoods provided such coverage while the CBAs were in effect.

By providing medical insurance to its retirees, Multifoods was operating an “employee welfare benefit plan” under ERISA. See 29 U.S.C. § 1002(1). As was required by ERISA, Multifoods maintained a detailed plan description, see id. § 1022(a)(2), and provided the retirees with a summary of the plan, called a “summary plan description” (SPD), see id. § 1022(a)(1).

When all of the CBAs expired, Multifoods did not amend its ERISA plan and continued to pay the entire premium required to provide medical insurance to its retirees. However, in 1992 Multifoods amended its ERISA plan, fixing the premium that it would pay for the coverage at the amount it was currently paying, plus an annual increase of either four percent or the percentage increase in the U.S. Medical Consumer Price Index, whichever was lower. Therefore, if premiums increased at a rate faster than the lower of the two percentages, the amended plan required the retirees to pay the difference in order to maintain medical insurance.

Plaintiffs sued under LMRA § 301, 29 U.S.C. § 185, alleging that the CBAs between Multifoods and the unions prevented Multifoods from making the change.2 Although the CBAs had all expired, plaintiffs alleged that, nevertheless, Multifoods promised in the CBAs that it would provide the retirees with medical insurance at no cost to them for their lifetimes. Plaintiffs also sued under ERISA § 502, 29 U.S.C. § 1132, alleging that Multifoods’ ERISA plan documents contained promises to provide the retirees with medical insurance at no cost to them for their lifetimes.

In the alternative, plaintiffs argued that Multifoods amended its ERISA plan improperly by (1) failing to disclose in the SPD that it reserved the right to amend the plan, (2) failing to follow required procedures for amending the plan, and (3) failing to provide them with proper notice that the plan had been amended.

Multifoods moved for summary judgment, arguing that none of the documents relied on by plaintiffs contained a promise to provide the retirees with vested benefits and that it amended the plan in a proper manner. The district court agreed, and granted Multifoods summary judgment. For the reasons discussed below, we affirm.

DISCUSSION

We review de novo a district court’s grant of summary judgment. Hanson v. McCaw [979]*979Cellular Communications, 77 F.3d 663, 667 (2d Cir.1996). “Summary judgment is proper only if, viewing all evidence in the light most favorable to the nonmoving party, there is no genuine issue of material fact,” id. (quotation omitted), and the moving party is entitled to judgment as a matter of law.

I. Vesting Under the CBAs and ERISA Plan Documents

Plaintiffs argue that the CBAs and the ERISA plan documents contain promises from Multifoods to provide medical insurance to its retirees at no cost to them for their lifetimes. We disagree.

A. Vesting of Retiree Medical Benefits

ERISA contemplates two distinct types of employee benefit plans — pension plans and welfare plans. See 29 U.S.C. § 1002(1) & (2)(A). Because Multifoods’ plan provides medical benefits, it is a welfare plan. See id. § 1002(1).

Unlike pension plan benefits, the benefits provided by a welfare plan generally are not vested and an employer can amend or terminate a welfare plan at any time. Inter-Modal Rail Employees Ass’n v. Atchison, Topeka & Santa Fe Ry. Co., - U.S.-, -, 117 S.Ct. 1513, 1516, 137 L.Ed.2d 763 (1997); Curtiss-Wright Corp. v. Schoonejongen, 514 U.S. 73, 78,115 S.Ct. 1223, 1228, 131 L.Ed.2d 94 (1995); Schonholz v. Long Island Jewish Med. Ctr., 87 F.3d 72, 77 (2d Cir.), cert. denied, - U.S.-, 117 S.Ct. 511,136 L.Ed.2d 401 (1996); Bidlack v. Wheelabrator Corp., 993 F.2d 603, 604-05 (7th Cir.1993) (in banc). We have explained the reason for this rule as follows:

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116 F.3d 976, 155 L.R.R.M. (BNA) 2577, 1997 U.S. App. LEXIS 15014, 1997 WL 339866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-federation-of-grain-millers-v-international-multifoods-corp-ca2-1997.