Carl Michael, an Individual v. Riverside Cement Company Pension Plan

266 F.3d 1023, 2001 Daily Journal DAR 10085, 2001 Cal. Daily Op. Serv. 8161, 26 Employee Benefits Cas. (BNA) 2217, 2001 U.S. App. LEXIS 20490, 2001 WL 1078738
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 17, 2001
Docket99-55519
StatusPublished
Cited by13 cases

This text of 266 F.3d 1023 (Carl Michael, an Individual v. Riverside Cement Company Pension Plan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carl Michael, an Individual v. Riverside Cement Company Pension Plan, 266 F.3d 1023, 2001 Daily Journal DAR 10085, 2001 Cal. Daily Op. Serv. 8161, 26 Employee Benefits Cas. (BNA) 2217, 2001 U.S. App. LEXIS 20490, 2001 WL 1078738 (9th Cir. 2001).

Opinions

Opinion by Judge CANBY; Dissent by Judge PAEZ.

CANBY, Circuit Judge:

Carl Michael (“Michael”) appeals from the district court’s grant of summary judgment in favor of defendant Riverside Cement Company Pension Plan in this action brought under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1132(a). Michael contends that his early retirement benefits were impermissibly reduced by a subsequent amendment to the Riverside plan in violation of ERISA’s anti-cutback rule, 29 U.S.C. § 1054(g). We conclude that he is correct, and we accordingly reverse the judgment of the district court.

I.

The material facts of this case are undisputed. The controversy arises in an unusual context, because Michael took an early retirement and then returned to work at Riverside a few years later. Riverside’s retirement plan was subsequently amended, and Michael thereafter retired for the second time. His claim, which we find meritorious, is that the terms of his second retirement under the amended plan impermissibly “eliminat[ed] or redue[ed]” his earlier retirement benefits as they had been guaranteed by the plan prior to its amendment. See 29 U.S.C. § 1054(g)(2)(A).

Michael retired for the first time from Riverside Cement Company in 1983, at age 49. His thirty-plus years with Riverside allowed him to draw unreduced early retirement benefits of $607.82 per month under Riverside’s then current pension plan (the “1981 plan”). After receiving a total of $34,645.74, Michael returned to work at Riverside in 1988 and his early [1025]*1025retirement benefit payments were suspended as called for under the 1981 plan. A crucial point, however, is that the 1981 plan provided that reemployment with Riverside did not otherwise impair the early retirement benefits Michael had received. At a later retirement, the pension was to be figured “as if the Pensioner were then first retired” with credit for all service before and after the earlier retirement with no deduction for benefits received during the period of early retirement.1

In 1991, the Riverside plan was amended to provide significantly more generous benefits.2 Under the amended plan, however, prior receipt of early retirement benefits by a rehired employee caused a substantial reduction in the pension otherwise payable upon second retirement.

Michael retired again in 1996 with more than thirty-nine years of service with Riverside. Pursuant to a provision unchanged since the 1981 plan, the amended plan credited Michael for his combined years of service before and after his early retirement. Unlike the 1981 plan, however, the amended plan required that Michael’s pension benefits at his second retirement be reduced by the actuarial equivalent of the benefits he had received during his first retirement. This actuarial offset, however, was not permitted to reduce Michael’s monthly pension below the amount payable to him under the old plan at the time it was amended-$689.94.3

The effect of the actuarial offset in Michael’s case was substantial. His total of 39 years of service qualified him for a pension, before reduction, of $1,796.51 per month. After reduction of the actuarial equivalent of the early retirement benefits he had previously received,4 his pension [1026]*1026was $1,035.53 per month.5

It is true that Michael was better off after the amendment than he would have been without it. Had the 1981 plan remained in effect at Michael’s second retirement in 1996, his benefit (unreduced by his early retirement benefits) would have been $800.03 per month. On the other hand, if the 1981 plan were still in effect, Michael’s fellow workers retiring with 39 years service and no prior early retirement would receive the same pension that he would: $800.03 per month. After the amendment, Michael received $1,035.53 per month and his first-retiring fellow workers with 39 years of service received $1,796.51 per month.

Michael filed suit against the Riverside Plan, contending that the reduction of his final retirement benefit by the actuarial equivalent of the benefits he received during his prior early retirement violated ERISA’s anti-cutback rule, 29 U.S.C. § 1054(g). The district court granted summary judgment for the Riverside Plan. From this ruling, Michael appeals.

II.

We review de novo the district court’s grant of summary judgment. Shaw v. Int’l Ass’n of Machinists & Aerospace Workers Pension Plan, 750 F.2d 1458, 1460 (9th Cir.1985). We also review de novo the district court’s interpretation of ERISA. Spain v. Aetna Life Ins. Co., 11 F.3d 129, 131 (9th Cir.1993).

III.

Immediately prior to the 1991 amendment to Riverside’s plan, the plan provided that the early retirement benefits that Michael had received would cause no reduction in his second retirement benefits. In other words, the plan provided that he would never have to pay back his early retirement benefits. Yet when Michael retired for the second time, the amended plan in effect required him to do just that. We conclude that, in requiring the reduction for Michael’s early retirement benefits, the plan violated the anti-cutback provision of 29 U.S.C. § 1054(g).

ERISA gives pension plan administrators “the ability to fashion their own plan formulas.” Carver v. Westinghouse Hanford Co., 951 F.2d 1083, 1088 (9th Cir.1991). All plans, however, are subject to the “outer bounds on permissible accrual practices” established by ERISA. Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504, 512, 101 S.Ct. 1895, 68 L.Ed.2d 402 (1981). Congress’ purpose in enacting ERISA was to “ensure that ‘if a worker has been promised a defined benefit upon retirement-and if he has fulfilled whatever conditions are required to obtain a vested benefit... he actually receives it.’ ” Id. at 510, 101 S.Ct. 1895 (citation omitted).

One of the outer bounds on an employer’s accrual practices under ERISA is the prohibition against decreasing accrued benefits by plan amendment, known as the “anti-cutback rule.” 29 U.S.C. § 1054(g). The anti-cutback rule provides:

(g) Decrease of accrued benefits through amendment of plan
(1) The accrued benefit of a participant under a plan may not be decreased by an amendment of the plan....
(2) For purposes of paragraph (1), a plan amendment which has the effect of—
[1027]*1027(A) eliminating or reducing an early retirement benefit or a retirement-type subsidy (as defined in regulations) ...

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266 F.3d 1023, 2001 Daily Journal DAR 10085, 2001 Cal. Daily Op. Serv. 8161, 26 Employee Benefits Cas. (BNA) 2217, 2001 U.S. App. LEXIS 20490, 2001 WL 1078738, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carl-michael-an-individual-v-riverside-cement-company-pension-plan-ca9-2001.