Desmarais v. Joy Manufacturing Co.

538 A.2d 1218, 130 N.H. 299, 1988 N.H. LEXIS 4
CourtSupreme Court of New Hampshire
DecidedJanuary 29, 1988
DocketNo. 87-031
StatusPublished
Cited by9 cases

This text of 538 A.2d 1218 (Desmarais v. Joy Manufacturing Co.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Desmarais v. Joy Manufacturing Co., 538 A.2d 1218, 130 N.H. 299, 1988 N.H. LEXIS 4 (N.H. 1988).

Opinion

Brock, C.J.

The plaintiff, Bernard Desmarais, appeals from a decision of the Superior Court (DiClerico, J., acting upon the recommendation of a Master, R. Peter Shapiro, Esq.) concerning his pension benefits claim against his former employer, Joy Manufacturing Company (hereinafter Joy or the company). The court below upheld Joy’s decision denying to Desmarais, whose employment the company had terminated, the measure of benefits available to employees eligible for retirement under the company’s pension plan for salaried employees. We affirm.

In 1983, when the company terminated plaintiff’s employment as part of a reduction in its work force, he was fifty-three years old and had worked for the company for more than thirty-four years.

[301]*301During his employment, Desmarais participated in Joy’s retirement income plan for salaried employees (hereinafter salaried plan). Under the salaried plan, normal retirement is at age sixty-five, and the earliest that a salaried employee may retire is at age fifty-five, provided the defendant’s pension committee approves. To a salaried employee who is eligible to retire, the salaried plan also extends the option of receiving pension benefits calculated pursuant to the hourly employee pension plan (hereinafter hourly plan), rather than the salaried plan, if the hourly plan calculations would yield more generous benefits. Finally, under the salaried plan, an employee who ceases employment with the defendant before becoming eligible to retire receives benefits calculated under a separate section of the salaried plan, Section 7.01.

After terminating Desmarais’s employment, Joy informed him that he was ineligible to receive benefits calculated under the hourly plan because he had not retired and was ineligible to retire. Instead, the company advised, he would receive benefits in accordance with one of several options available under Section 7.01. Desmarais elected one option, which provided for an immediate lump-sum refund to him of his total contributions plus interest, and subsequent monthly payment to him of the company’s contributions.

Shortly after electing the lump-sum payment option, Desmarais wrote to the company, acknowledging his recent election under the salaried plan but nonetheless asserting his right to receive the more generous retirement benefits that in his view the hourly plan would provide and the company, through various pension plan descriptions and oral representations, had led him to expect. Joy’s plan administrator, in response, explained that Desmarais was a terminated employee under the salaried plan, and consequently not entitled to receive normal retirement benefits under the hourly plan.

After appealing the plan administrator’s decision unsuccessfully to the company’s pension committee, Desmarais commenced this action, alleging that the company’s denial of the requested benefits was both arbitrary and capricious, and a violation of 29 U.S.C. § 1022(a)(1), the disclosure provision of the Employment Retirement Income Security Act of 1974 (hereinafter ERISA). The trial court dismissed a related common law claim in assumpsit, and trial proceeded before a master on the ERISA claim.

The master concluded that Desmarais was not entitled to relief for believing, contrary to the plan’s terms, that the hourly plan option is available to a salaried plan participant who is eligible to retire under the terms of either the salaried plan or the hourly plan, [302]*302which permits hourly plan participants to retire after thirty years of service without regard to age. The master’s recommendations to the trial court, in accordance with his conclusion, rested on three findings: first, the salaried plan satisfies ERISA vesting and funding requirements; second, the plan administrator was neither arbitrary nor capricious in interpreting the plan’s language to preclude payment of the hourly plan benefits that the plaintiff claimed; and, third, the company complied with ERISA disclosure requirements in providing a plan and summary descriptions of the plan that would inform the average plan participant that he could not retire until age fifty-five at the earliest, and that he could not avail himself of the hourly plan option until he was eligible to retire under those terms.

In conjunction with the disclosure finding, the master found that Desmarais had failed to prove that the company’s written or oral representations had misled him, or that he had suffered a detriment as a consequence. In the absence of evidence indicating that Desmarais was entitled to relief, the master therefore recommended that the trial court dismiss Desmarais’s appeal, affirm the decision of the company’s pension committee, and enter judgment for the company. The trial court approved the master’s recommendations.

The essence of Desmarais’s argument below and on appeal is that the company led him to believe, and to rely to his detriment on the belief, that the hourly plan benefits'option would be available to a salaried employee eligible to retire under the terms of the hourly plan. He asserts a right on two grounds to the measure of benefits that the company denied: first, his detrimental reliance on the summary plan descriptions which, he contends, were ambiguous, therefore likely to mislead the average salaried plan participant, and consequently violative of ERISA disclosure requirements; and, second, his detrimental reliance on the oral representations which, he contends, should estop the company to deny the rights that the oral representations appeared to assure.

Before considering the merits of plaintiff’s arguments, we note that in exercising our jurisdiction with respect to what is essentially a federal question, we are guided and bound by federal statutes and decisions of the federal courts interpreting those statutes. See 29 U.S.C. § 1132(a)(i)(B), (e)(1), § 1144(a).

Consistent with the weight of federal authority, we will accord considerable deference to the decision of the company’s plan administrator in denying the plaintiff’s claim, and thence to the decision of the superior court in upholding the plan administrator’s [303]*303determination, unless we conclude that the administrator’s decision was arbitrary, capricious or without rational basis. Paris v. Profit Sharing Plan, Etc., 637 F.2d 357, 362 (5th Cir.), cert. denied, 454 U.S. 836 (1981); see Griffis v. Delta Family-Care Disability, 723 F.2d 822, 825 (11th Cir.), cert. denied, 467 U.S. 1242 (1984); see also Rueda v. Seafarers Intern. Union, Etc., 576 F.2d 939, 942 (1st Cir. 1978) (applying arbitrary and capricious standard in non-ERISA pension dispute). But see Bruch v. Firestone Tire and Rubber Co., 828 F.2d 134, 138-39, 144-45 (3d Cir. 1987) (concluding that standard is inappropriate where pension plan is funded entirely by employer).

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Bluebook (online)
538 A.2d 1218, 130 N.H. 299, 1988 N.H. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/desmarais-v-joy-manufacturing-co-nh-1988.