Angott v. Owens-Illinois Hourly Retirement Plan

780 F. Supp. 298, 1991 U.S. Dist. LEXIS 19010, 1991 WL 283863
CourtDistrict Court, W.D. Pennsylvania
DecidedMay 9, 1991
DocketCiv. A. Nos. 84-2465, 87-609
StatusPublished
Cited by1 cases

This text of 780 F. Supp. 298 (Angott v. Owens-Illinois Hourly Retirement Plan) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Angott v. Owens-Illinois Hourly Retirement Plan, 780 F. Supp. 298, 1991 U.S. Dist. LEXIS 19010, 1991 WL 283863 (W.D. Pa. 1991).

Opinion

ADJUDICATION

STANDISH, District Judge.

I

Before the court for consideration are two consolidated civil actions brought under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Section 1001, et seq. With one exception, plaintiffs are 52 retirees and former employees of Brockway, Inc. (Brockway).1 One plaintiff, Margaret M. Suhay, is the administratrix of the estate of Thomas Su-hay, a former retiree and employee of Brockway. Suhay and the other plaintiffs were employed at the Brockway plant in Washington County, Pennsylvania, and were participants in the Retirement Plan for Hourly Employees of Brockway, Inc. (N.Y.) (the Plan). In March, 1984, Brock-way voluntarily closed its Washington plant. At that time, all plaintiffs, as well as Suhay, had been employed for 30 years or more. None was over age 60. Eleven were age 55 or over. Forty-one (including Suhay) were under age 55.

It is undisputed that all of the plaintiffs were entitled to receive some form of early retirement benefit pursuant to Section 4.2 of the Plan.2 Specifically, because all plaintiffs had 30 years of credited service and their employment had been terminated as a result of a plant closing, they were entitled to receive an unreduced accrued retirement benefit even though they had not attained the age of 55.

Each plaintiff (including Suhay), however, has claimed eligibility for additional benefits under the “Level Benefit Option” pursuant to Section 8.2(c) of the Plan under which he or she would be paid, until eligible at age 62 for social security benefits, additional pension benefits equal to 83.1% of the estimated social security benefits to which he or she would be entitled at age 62.3

The Level Benefit Option is available to participants who retire between the ages 55 and 61. It provides for a sliding scale of alternative benefits based on the employee’s age. An employee who retires at age 55 under this section is entitled to receive a supplemental benefit equal to only 54% of his or her estimated social security benefits, but as that employee approaches age 61, he or she receives a higher percentage. A participant retiring at age 60 under this section would be entitled to a supplemental benefit of 83.1% of his or her estimated social security benefits. Once the participant reaches age 62, however, his or her monthly pension benefits are reduced to offset the additional amounts paid to the retiree prior to the commencement of social security benefits.

In this action, plaintiffs claim that they were, at the time of their retirement, which was triggered by the plant closing, entitled to receive, over and above the unreduced accrued benefit, additional benefits under the Level Benefit Option, pursuant to Section 8.2(c), calculated as if each plaintiff was 60 years old. To support this asser[300]*300tion, plaintiffs rely on identical provisions contained in two collective bargaining agreements which, together, cover all 52 plaintiffs in this case.4 The relevant section in each agreement provides, in part, that an employee under age 60, with 30 years of credited service, whose employment is terminated as a result of a plant closing, “may retire and receive a pension benefit figured as if he [or she] were age 60.”

A bench trial was held before this member of the court on March 13, 1991. For the reasons set forth below, the court concludes that judgment must be entered in favor of defendants because the Plan, construed together with all the relevant documents, does not entitle plaintiffs to receive benefits under the Level Benefit Option calculated as though each was 60 years of age.

II

At the trial, the parties stipulated to the following facts:

1.Plaintiffs Elizabeth Angott, John An-gott, Sammy Angott, Norma J. Binder, Alice Borkowski, Mary G. Branczek, Frank J. Buchek, John C. Byers, Jr., Samuel G. Byrne, Donald L. Calvert, Donald L. Carroll, Donald Clutter, Robert Cook, William D. Crouse, Shirley Davidson, Angeline Desmond, Wilma R. Desmond, Harry E. Evans, William I. Funk, Robert Gray, Ida Mae Gregor, Warren Huffman, Mildred Inger-soll, Robert C. Johnson, Gloria Lorenzato, James W. Lutz, Carolyn M. Maloy, Ray H. Mankey, Margaret McCoy, William S. McCoy, Richard F. Milligan, John F. Palu-da, Gail J. Pearson, Robert G. Pletcher, Carol A. Plott, Herbert L. Phillips, Arvella Prigg, Carl A. Pryor, Melvin Pryor, Fred Reihner, Anna Mae Reynolds, Kenneth E. Roble, Donald W. Rogers, Edward Rydzak, Ernest E. Salada, Edna R. Sickles, Kay L. Stepp, William T. Stmisha, Jack S. Szolek, William P. Toporcer, and Iona M. Welling are all former employees of Brockway who were employed at Brockway’s manufacturing plant in Washington County, Pennsylvania.

2. Plaintiff Margaret M. Suhay is the administratrix of the estate of Thomas Su-hay, her late husband, who died on April 25, 1985.

3. Thomas Suhay was a former employee of Brockway who was employed at Brockway’s manufacturing plant in Washington County, Pennsylvania.

4. Defendant Plan is an “employee benefit plan” within the meaning of Section 3(3) of ERISA, 29 U.S.C. § 1002(3), and, at all times prior to the initiation of this action, maintained an office for the transaction of business at McCullough Avenue, Brockway, Pennsylvania.

5. Brockway was a corporation incorporated under the laws of the State of New York and was, at all times prior to the initiation of this lawsuit, authorized to transact business within the Commonwealth of Pennsylvania and maintained an office for the transaction of business at Centre City Tower, 650 Smithfield Street, Pittsburgh, Pennsylvania.

6. Owens-Illinois, Inc. (“Owens-Illinois”) is a corporation incorporated under the laws of the State of Delaware and maintains its principal place of business in Toledo, Ohio.

7. In February, 1988, Owens-Illinois acquired Brockway (“the acquisition”).

8. As a result of the acquisition, Brock-way was dissolved as a corporation and the Plan was merged with the Owens-Illinois Hourly Retirement Plan.

9. Owens-Illinois is the successor in interest to all of the debts and obligations of Brockway with respect to the above-entitled matter.

10. The Plan is an employee benefit plan maintained by Brockway prior to the acquisition and by Owens-Illinois since the acquisition.

11. The Plan was maintained for the benefit of Brockway employees and continues to provide retirement income to former Brockway employees.

[301]*30112. Brockway was the sponsor, and the Employee Benefits Committee of Brockway was the Plan administrator, for the Plan prior to the acquisition, and Owens-Illinois has been the sponsor and the Owens-Illinois Benefits Committee has been the Plan administrator since the acquisition.

13. The Plan was financed exclusively through contributions made by Brockway prior to the acquisition and has been financed exclusively through contributions made by Owens-Illinois since the acquisition.

14. Brockway was a manufacturer of glass containers which, until March of 1984, maintained a manufacturing plant in Washington County, Pennsylvania.

15.

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780 F. Supp. 298, 1991 U.S. Dist. LEXIS 19010, 1991 WL 283863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/angott-v-owens-illinois-hourly-retirement-plan-pawd-1991.