Esden v. Retirement Plan of the First National Bank

182 F.R.D. 432, 22 Employee Benefits Cas. (BNA) 1834, 1998 U.S. Dist. LEXIS 15536, 1998 WL 681511
CourtDistrict Court, D. Vermont
DecidedSeptember 28, 1998
DocketNo. 2:97-CV-114
StatusPublished
Cited by3 cases

This text of 182 F.R.D. 432 (Esden v. Retirement Plan of the First National Bank) is published on Counsel Stack Legal Research, covering District Court, D. Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Esden v. Retirement Plan of the First National Bank, 182 F.R.D. 432, 22 Employee Benefits Cas. (BNA) 1834, 1998 U.S. Dist. LEXIS 15536, 1998 WL 681511 (D. Vt. 1998).

Opinion

OPINION AND ORDER

SESSIONS, District Judge.

On April 21,1998, Lynn Esden filed a first amciiUoU víaos auLlun ^umplaiiiL v, ¿xuicmlcil Complaint”), alleging that ‘Ttlhe Retirement Plan of The First National Bank of Boston and certain affiliated companies” (“Retirement Plan”) violated the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et. seq. (“ERISA”) by miscalculating the benefits due to plan participants who elected to receive accrued benefits in a lump sum. Esden contends specifically that participants in the Retirement Plan received less than the present value of their normal retirement benefit, as required by ERISA § 203(e)(2) (as interpreted by Treasury Regulation 1.417(e)-l(d)) and that this conduct resulted in an impermissible forfei[434]*434ture of the participants’ benefits under Treasury Regulation 1.411(a).

On August 31, 1998, the Court conditionally certified this case as a class action under Rule 23(b)(1) and (b)(2). Both parties have filed Motions for Summary Judgment pursuant to Fed.R.Civ.P. 56. For the reasons discussed below, the Retirement Plan’s Motion for Summary Judgment is GRANTED and Esden’s Motion for Summary Judgment is DENIED. The conditions attached to class certification are removed, and this case is unconditionally certified as a class action under Rule 23(b)(1).

I. Factual Background.

As undisputed by the parties, the material facts are as follows. Plaintiff Esden, a Vermont resident, was employed by Bank of Vermont and was a vested participant in the Bank’s defined benefit plan until December 7,1990.1 The Bank of Vermont maintained a separate retirement plan for its employees until October 1, 1989. On that date, the Bank of Vermont retirement plan was combined with BankBoston’s cash balance defined benefit plan, and Bank of Vermont employees were given credit for earlier years of service to Bank of Vermont.

As explained in the brochure that was distributed to employees, with the new Cash Balance Plan, employees would be able to see their benefits grow each year as the Bank credited a percentage of their pay to their Cash Balance Accounts and as interest was credited on those Bank contributions. Paper 32, Exhibit 6. This was in contrast to the prior retirement plan, whose value was “invisible” until the participant reached retirement age. Id.

The employee brochure introducing the new Cash Balance Plan explained that as restructured, the Plan would provide “a higher level of benefit[s] early in an employee’s career.” Id. The annual Bank contribution to an employee’s Cash Balance Account would be determined according to a formula based on the employee’s years of service and base salary. Id. The percentage levels would steadily increase until an employee reached 40 years of service and then stop. For example, an employee with 3-4 years of service would receive a Bank contribution equivalent to 4% of his or her base salary at year-end, an employee with 20-34 years of service would receive a contribution equivalent to 11% of base salary and an employee with 40 years a contribution equivalent to 0%. Id.

Interest on the Bank’s annual contributions to an employee’s Cash Balance Account would vary each year based on the average three month Treasury Bill rate for the calendar year plus .5%. The interest rate would never fall below 5.5% and would never exceed 10%. Interest credit on the Bank’s annual contribution to the Account would be given at the end of the year following the year when the contribution was made. Id. At year end, each Plan participant would receive “an individualized statement” showing his or her current Account balance. Id.

The brochure further explained that all the money in a Cash Balance Account would be available when an employee left the Bank’s employ (as long as the employee was vested). Id. The funds would be available as a lump sum or as a monthly annuity. This too was in contrast to the prior retirement plan which normally did not allow vested employees to draw on their “invisible” accrued benefits until they reached at least age 55 and then only as a monthly annuity. Id.

After Esden’s termination on December 7, 1990, Esden’s attorney called the benefits program director to find out when her accrued benefits under the Plan would be paid. When the program director “led [him] to believe that ... Esden should not expect a pension plan distribution for many months,” Esden’s attorney sent a letter to the Bank on February 1, 1991, requesting payment of her benefits within sixty days. Paper 32, Exhibit 2.

On February 15, 1991, the Retirement Plan wrote Esden, advising her of her options under the Plan and enclosing a Benefit Notification and Election Form for her to sign. The letter explained that as a terminated vested participant, Esden was eligible [435]*435to receive accrued benefits under the prior plan and under the cash balance plan. With respect to each plan, the benefits were expressed as a life annuity and as a lump sum payable at normal retirement (age 65) and as a lump sum payable upon termination. Paper 32, Exhibit 3. Instead of keeping the funds in the Plan until she reached 65, Esden elected to receive the accrued benefits immediately. Paper 32, Exhibit 4. On March 26, 1991, the Plan sent Esden a check in the amount of $5319.66 representing “the lump sum distribution of [her] Retirement Plan benefit.” Paper 32, Exhibit 5. The cover letter advised Esden that she was “entitled to no further benefits under the Plan.” Id.

On October 20, 1995, the National Center for Retirement Benefits (“NCRB”) contacted the Human Resources Department of Bank of Vermont on behalf of Esden to request a copy of the Retirement Plan and documentation related to the computation of Esden’s lump sum benefit. Bank of Vermont forwarded the inquiry to the Retirement Benefits Department of BankBoston. Paper 19, Exhibit 3. NCRB sent a formal request for documentation to the Retirement Benefits Department of BankBoston on December 20, 1995 and the Department supplied the requested documents to NCRB on December 28, 1995 and January 16, 1996. Paper 19, Exhibits 4 and 5. NCRB filed a claim for additional benefits on Esden’s behalf on April 22, 1996 (Paper 41, Exhibit 15) which was denied on September 27, 1996 (Paper 19, Exhibit 6). When NCRB’s appeal for additional benefits was denied on September 27, 1996, Esden had exhausted her administrative remedies under the Plan. Amended Complaint, 1120; Answer, 1120.

II. Procedural Background.

Esden filed her initial class action complaint on April 3, 1997, naming the Retirement Plan and the Bank as Defendants. Es-den requested monetary relief in the form of additional benefits on behalf of herself and others who had elected to receive a lump sum distribution that was less than the present value of their normal retirement benefit. Esden also requested equitable relief in the form of a declaratory judgment and other appropriate relief to prevent the Retirement Plan and the Bank from distributing lump sums less than the present value of normal retirement benefits.

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Related

Esden v. Bank Of Boston
229 F.3d 154 (First Circuit, 2000)
Esden v. Bank of Boston
229 F.3d 154 (Second Circuit, 2000)

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Bluebook (online)
182 F.R.D. 432, 22 Employee Benefits Cas. (BNA) 1834, 1998 U.S. Dist. LEXIS 15536, 1998 WL 681511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/esden-v-retirement-plan-of-the-first-national-bank-vtd-1998.