Andersen v. Chrysler Corp.

99 F.3d 846, 1996 U.S. App. LEXIS 28496, 1996 WL 632903
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 1, 1996
DocketNo. 95-3335
StatusPublished
Cited by85 cases

This text of 99 F.3d 846 (Andersen v. Chrysler Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andersen v. Chrysler Corp., 99 F.3d 846, 1996 U.S. App. LEXIS 28496, 1996 WL 632903 (7th Cir. 1996).

Opinion

RIPPLE, Circuit Judge.

This putative class action is the third in a series of three lawsuits brought by six named plaintiffs against Chrysler Corporation (“Chrysler”). They challenge various benefits they received following the closing of the plants in which they worked. The district court believed this lawsuit was foreclosed on the ground of res judicata because of the previous two suits. It therefore granted summary judgment for the defendants. Although we cannot accept the district court’s holding that the plaintiffs’ prosecution of the previous two suits bars this action as res judicata, we agree with the alternate grounds that the defendants offer for affirming the judgment.

I

BACKGROUND

A. Facts

The six named plaintiffs in this suit are former American Motors Corporation (“AMC”) employees who worked at plants in Kenosha and Milwaukee, Wisconsin. AMC merged with Chrysler in 1987. Prior to the merger, AMC anticipated that Chrysler would close the Kenosha and Milwaukee plants after the merger. To encourage employees at those plants to continue their employment until the actual closings, AMC implemented the Salaried Employees Retention Program (“SERP”). The SERP did not directly pay any benefits; rather, it modified AMC’s existing benefit plans, including AMC’s Salaried Employees Pension Plan (“pension plan”) and Separation Pay Plan (“severance plan”). Among other modifications, the SERP enhanced the severance pay of those employees who remained through [849]*849the plant closings. Following the merger of AMC into Chrysler, the latter became the administrator for all AMC benefit plans.

In 1989, the six plaintiffs in this case filed the first of their suits — Hestetune v. Chrysler Corporation/AMC, No. 89 C 1211, 1992 WL 430673 (E.D.Wis. September 8, 1992)— against Chrysler in its capacity as the AMC severance plan administrator. Although Hestetune was purportedly brought as a class action, it appears that the plaintiffs never moved for class certification. Heste-tune challenged certain SERP modifications to AMC’s severance plan. In particular, although the SERP increased the severance pay for those employees who remained through the plant closings, it reduced those benefits by the amount of the pension benefits received by those employees who retired following the plant closings. Because this reduction in SERP benefits applied only to retirement-aged employees, the plaintiffs in Hestetune alleged that the SERP violated the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-34 (“ADEA”). On September 8, 1992, the district court dismissed Hes-tetune because it was filed outside the applicable statute of limitations, and because the severance plan, as a bona fide employee benefit plan, was therefore exempt from the ADEA. The plaintiffs did not appeal that dismissal.

In 1991, the six plaintiffs in this suit filed the second of their lawsuits — Chriske v. Chrysler Corporation, No. 91 C 1063 (E.D.Wis. March 26, 1993).1 As in Heste-tune, Chriske was brought as a class action, though it is unclear from the record whether the plaintiffs ever moved for class certification.2 In Chriske, the plaintiffs again challenged various provisions of the SERP, this time alleging that the reduction of their SERP enhanced severance .pay by their monthly pension benefits violated the Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (“ERISA”). Specifically, the plaintiffs alleged that: (1) the SERP modified the severance plan even though that plan contained no procedures for incorporating.such a modification, in violation of ERISA § 402(b)(3), 29 U.S.C. § 1102(b)(3); (2) the summary of the severance plan Chrysler published — the ‘White Book” — did not contain an accurate summary of the SERP modifications, nor did the defendants file a copy of the SERP-modified severance plan with the Department of Labor, both in violation of ERISA § 102, 29 U.S.C. § 1022; and (3) the defendants violated various fiduciary duties under ERISA § 404, 29 U.S.C. § 1104. On March 26, 1993, the district court, on its own motion, dismissed Chriske, ruling that the final judgment in Hestetune barred the action as res judicata. Again, the plaintiffs did not appeal.

B. The Present Suit

The plaintiffs filed the present suit on December 11, 1990. This suit, although raising ERISA challenges similar to those raised in Chriske, pertains not to AMC’s severance plan but to its pension plan. The plaintiffs filed the present suit against Chrysler and two Chrysler officers who are fiduciaries of the pension plan (collectively, “Chrysler”). Although this case was brought purportedly as a class action, the six named plaintiffs have never moved for class certification.

The grievance of the plaintiffs’ complaint is that the defendants wrongfully reduced pension benefits for early retirees. • AMC’s pension plan grants “Regular Early Retirement Benefits” to employees who retire before the age of 55 after completing 30 years of employment. (Other classes of employees are also eligible for Regular Early Retirement [850]*850Benefits, but those situations are not relevant to this case.) The pension plan provides an “Early Retirement Supplement” for all employees who retire prior to the age of 65 with 30 or more years of service; early retirees receive the Early Retirement Supplement until they reach age 62.3

However, the pension plan places an upper limit or '“cap” on the additional income a retiree may earn while receiving a “temporary Supplement.” The plan establishes income caps for each year (for example, $10,-000 in 1990) and, if a retiree’s additional income exceeds the cap in a given year, the plan provides that:

a penalty equal to the amount by which such earnings exceeds [sic] the amount permitted, but not to exceed the amount of the temporary Supplement otherwise payable in the calendar year in which he has such excess earnings, shall be charged against each succeeding monthly temporary Supplement which the [retiree] would otherwise be entitled to receive until the full amount of such penalty is satisfied.

The plan thus imposes a penalty of $1 — up to a maximum equal to the amount of the employee’s “temporary Supplement” — for each $1 of additional income above the cap that an early retiree earns in a given calendar year (which we will refer to as “excess additional income”).

It appears from the record that, while AMC administered the pension plan, it never enforced this cap on additional earnings. When Chrysler took over the administration of AMC’s pension plan, however, it indicated that it would enforce the cap. Moreover, in January 1988, Chrysler published the “White Book” — a summary of the benefits employees were to receive — in which Chrysler stated that it would impose a penalty of $2 for each $1 of excess additional income early retirees earned.

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Bluebook (online)
99 F.3d 846, 1996 U.S. App. LEXIS 28496, 1996 WL 632903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andersen-v-chrysler-corp-ca7-1996.