Boivin, Charles v. US Airways, Inc.

446 F.3d 148, 371 U.S. App. D.C. 9, 37 Employee Benefits Cas. (BNA) 1934, 2006 U.S. App. LEXIS 10875, 2006 WL 1147746
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 2, 2006
Docket05-5165
StatusPublished
Cited by37 cases

This text of 446 F.3d 148 (Boivin, Charles v. US Airways, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boivin, Charles v. US Airways, Inc., 446 F.3d 148, 371 U.S. App. D.C. 9, 37 Employee Benefits Cas. (BNA) 1934, 2006 U.S. App. LEXIS 10875, 2006 WL 1147746 (D.C. Cir. 2006).

Opinion

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge.

Retired U.S. Airways pilots brought suit against the Pension Benefit Guaranty Cor *150 poration (“PBGC” or “Corporation”), seeking to compel the PBGC to correct alleged errors in its calculation of estimated benefits due the pilots under the Employee Retirement Income Security Act of 1974 (“ERISA”) and the U.S. Airways’ Pilots’ Retirement Income Plan. The pilots contend that, in failing to correct those errors, the PBGC breached its obligations both as fiduciary and as agency-guarantor. Without reaching the merits, we conclude that the claims against the PBGC must be dismissed because the pilots have not yet exhausted their administrative remedies.

I

On August 11, 2002, U.S. Airways Group, Inc. and seven subsidiaries (collectively, “U.S.Airways”) filed voluntary petitions in the Bankruptcy Court for the Eastern District of Virginia, seeking reorganization relief under Chapter 11 of the Bankruptcy Code, 11 U.S.C. § 1101, et seq. On January 30, 2003, U.S. Airways filed with the PBGC a notice of its intent to terminate its Pilots’ Retirement Income Plan, a defined-benefit pension plan, citing “a serious funding shortfall.” In re U.S. Airways Group, Inc., 296 B.R. 734, 738 (Bankr.E.D.Va.2003). U.S. Airways simultaneously filed a motion in the bankruptcy court for the judicial findings required by ERISA to permit a distress termination of the Plan. See 29 U.S.C. § 1341(c)(2)(B)(ii)(IV).

The bankruptcy court subsequently granted the motion, finding that “unless the Plan is terminated, the debtors will be unable to pay all of their debts pursuant to a plan of reorganization and will be unable to continue in business outside the chapter 11 reorganization process.” In re U.S. Airways Group, Inc., No. 02-83984, Order at 1 (Bankr.E.D.Va. Mar. 2, 2003) (citing 29 U.S.C. § 1341(c)(2)(B)(ii)(IV)). After U.S. Airways gained the consent of the pilots’ union to terminate the Plan, see 29 U.S.C. § 1341(a)(3), the company entered into an agreement with the PBGC setting March 31, 2003 as the Plan’s termination date.

Prior to the termination date, U.S. Airways, as the pre-termination plan administrator, was responsible for revising benefit payments under the Plan from then-current levels to what it estimated would be the amount of benefits that would be covered by Plan assets or guaranteed by the PBGC following termination. See 29 U.S.C. § 1341(c)(3)(D)(ii)(IV); 29 C.F.R. § 4041.42(c). Revised benefit calculations are governed by ERISA and PBGC regulations. See 29 U.S.C. §§ 1322, 1344(a); 29 C.F.R. § 4022.61-.63. U.S. Airways completed these determinations and informed Plan participants of their estimated post-termination benefits by letters dated March 28, 2003. See Boivin v. U.S. Airways, Inc., 297 F.Supp.2d 110, 113 (D.D.C.2003).

The PBGC' — created pursuant to Title IV of ERISA — is a U.S. government corporation within the Department of Labor that insures private-sector defined-benefit pension plans. See 29 U.S.C. § 1302. Sponsors of such plans pay premiums to the PBGC, and the Corporation acts as a statutory guarantor, paying benefits to participants of underfunded terminated plans subject to statutory limits. See id. §§ 1307,1322. When an underfunded plan is terminated, a successor trustee is appointed to administer the plan and to assume responsibility for its assets. ERISA permits, but does not require, the PBGC to be appointed as the successor trustee. See id. § 1342(b). In practice, the PBGC has always applied to serve as successor trustee for distress-terminated defined-benefit plans, and the courts have invariably granted its applications. See Pineiro v. PBGC, 318 F.Supp.2d 67, 72 (S.D.N.Y. *151 2003). Following this well-worn path, the PBGC applied to serve as successor trustee of the U.S. Airways Plan, and its application was granted.

When the U.S. Airways Plan terminated on March 31, 2003, the PBGC began paying estimated benefits. At that point, the PBGC had not yet made its formal determination of each participant’s post-termination benefits, and it still has not done so. The parties do not dispute that the PBGC normally requires two to three years from the date it takes over a plan to issue a formal benefit determination to each plan participant. See Boivin, 297 F.Supp.2d at 114; Decl. of Candace Campbell ¶ 15 (Nov. 24, 2003). Once final benefit determinations are made, the PBGC either repays any shortfall in the amount of the participants’ interim benefits, with interest, or seeks to recoup any surplus. See 29 C.F.R. § 4022.81-83.

On November 17, 2003, without waiting for the PBGC to complete its final determinations, the plaintiffs filed suit against the PBGC and U.S. Airways. The gravamen of their complaint was that “the estimated benefit calculations [were] incorrectly low as to them, and that waiting two to three years for a formal benefit determination would cause them great hardship.” Boivin, 297 F.Supp.2d at 115. They alleged four primary errors in the calculation of estimated benefits: (1) incorrect determination of the effective date of an amendment to the U.S. Airways Plan concerning early retirees; (2) improper consideration of previously paid partial lump-sum benefits in calculating prospective monthly annuities; (3) underpayment of benefits to retirees over the age of 65, based upon the PBGC’s statutory guaranty levels; and (4) underpayment of benefits to other retirees, based on the “PBGC’s application of an artificially low funding percentage in calculating benefits,” Appellants’ Br. 2. The plaintiffs contended that the PBGC breached its duties, both as a fiduciary and as a federal agency-guarantor, by failing to correct the asserted errors in its calculation of estimated benefits. See Am. Compl. ¶¶ 81-89.

The plaintiffs’ claims against U.S. Airways were stayed as a consequence of the airline’s bankruptcy filing. See 11 U.S.C. § 362(a); Boivin v. U.S. Airways, Inc., No. 03-2373, Order at 1, 2005 WL 713622 (D.D.C. March 17, 2005).

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446 F.3d 148, 371 U.S. App. D.C. 9, 37 Employee Benefits Cas. (BNA) 1934, 2006 U.S. App. LEXIS 10875, 2006 WL 1147746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boivin-charles-v-us-airways-inc-cadc-2006.