Estate of Shockley v. Alyeska Pipeline Service Co.

130 F.3d 403, 97 Daily Journal DAR 14343, 97 Cal. Daily Op. Serv. 8845, 21 Employee Benefits Cas. (BNA) 2121, 1997 U.S. App. LEXIS 33286, 1997 WL 725763
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 24, 1997
DocketNos. 96-35245, 96-35387
StatusPublished
Cited by9 cases

This text of 130 F.3d 403 (Estate of Shockley v. Alyeska Pipeline Service Co.) 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
Estate of Shockley v. Alyeska Pipeline Service Co., 130 F.3d 403, 97 Daily Journal DAR 14343, 97 Cal. Daily Op. Serv. 8845, 21 Employee Benefits Cas. (BNA) 2121, 1997 U.S. App. LEXIS 33286, 1997 WL 725763 (9th Cir. 1997).

Opinions

WALLACE, Circuit Judge.

The Estate of John Dennis Shockley (Estate) appeals from both the district court’s judgment rejecting its claim for Employee Retirement Income Security Act (ERISA) benefits under Alyeska Pipeline Service Company’s (Alyeska) retirement plan and the order imposing attorneys’ fees. The district court exercised jurisdiction under 29 U.S.C. §§ 1132(a)(1)(B) and 1132(e)(1). We have jurisdiction of this timely appeal pursuant to 28 U.S.C. § 1291, and we affirm.

I

Shockley was employed by Alyeska from June 27, 1980, until his death on October 20, 1990. At all times relevant to this dispute, Shockley was a participant in the Alyeska Pipeline Service Company Pension Plan for Operating Company Employees (Plan). At his death, Shockley was 50 years old, unmarried, and had five children.

After Shockley’s death, the Estate contacted Alyeska and requested survivor’s benefits under the Plan. The Plan’s retirement committee, which is responsible for final decisions on whether to deny benefits under the Plan, rejected the Estate’s claim.

The Estate subsequently brought this action pursuant to ERISA to compel payment of benefits under the Plan. On cross-motions for summary judgment, the district court held that the Estate was not entitled to any benefits under the Plan because the language of the Plan provided benefits only to spouses of employees who, like Shockley, died before they were retired or eligible for early retirement. The court also held that Alyeska did not owe any benefits to the Estate under the Plan because Shockley “had no reasonable expectation” under the Plan that his estate would benefit under the circumstances of his death. The court then granted Alyeska’s motion for attorneys’ fees under ERISA, awarding it approximately ten percent of its requested attorneys’ fees.

II

We review the district court’s summary judgment de novo. Parker v. BankAmerica Corp., 50 F.3d 757, 762 (9th Cir. 1995). The district court reviews a denial of ERISA benefits de novo, “unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.” Id. at 763, quoting Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 956, 103 L.Ed.2d 80 (1989) (.Firestone ). Where “the benefit plan gives the administrator such authority,” as in this case, “the appropriate standard of review is abuse of discretion.” Id.

However, when the plan administrator is also the employer, as here, we have imposed a “more searching” scrutiny if the “beneficiary has provided material, probative evidence, beyond the mere fact of the apparent conflict, tending to show that the fiduciary’s self-interest caused a breach of the administrator’s fiduciary obligations to the beneficiary.” Snow v. Standard Insur., 87 F.3d 327, 331 (9th Cir.1996), quoting Atwood v. Newmont Gold Co., 45 F.3d 1317, 1323 (9th Cir.1995).

The Estate contends that we should impose this higher level of scrutiny, but provides no evidence that “the fiduciary’s self-interest caused a breach of the administrator’s fiduciary obligations to the beneficiary.” Id. We therefore review the decision of the retirement committee for abuse of discretion. Under the abuse of discretion standard, the retirement committee’s decision should be upheld “if it is based upon a reasonable interpretation of the plan’s terms and was made in good faith.” MacDonald v. Pan American World Airways, Inc., 859 F.2d 742, 744 (9th Cir.1988) (MacDonald).

The Estate asserts that it is entitled to benefits under the Plan because of both the language of the Plan and the “reasonable [406]*406expectations” principle of Saltarelli v. Bob Baker Group Medical Trust, 35 F.3d 382 (9th Cir.1994) (Saltarelli). We address these arguments in turn.

A.

First, the Estate argues that the retirement committee abused its discretion by-disregarding the language of the Plan. The Estate contends that the Plan provides a benefit for the beneficiaries of unmarried, vested employees who, like Shockley, died before they were retired or eligible for early retirement. The Estate relies on several isolated provisions of the Summary Plan Description (SPD) and the Plan.

The Estate first quotes paragraph 5.4 of article V of the Plan, entitled “Eligibility for Retirement Income”: “A Participant whose Termination Date occurs before he is eligible to retire on a Normal or Early Retirement Date but after he has completed 10 or more years of Service shall be entitled to a Deferred Vested Retirement Income determined pursuant to subparagraph (a) or sub-paragraph (b) of Paragraph 6.5.... ” According to the Estate, since Shockley had completed ten years of service and his termination date, his death, occurred before he was eligible to retire, he was entitled to his deferred vested retirement income.

This section, however, as its title suggests, only deals with participants’ retirement income. Subparagraphs 6.5(a) and (b), referred to in paragraph 5.4 cited by the Estate, only refer to deferred vested retirement income, which vested employees of Alyeska can receive after retiring, even if they had previously left Alyeska before retirement age. There is no provision here for beneficiaries of employees to receive the employee’s vested retirement income. In addition, Shockley had no current claim to retirement income when he died, because he died before retirement age, when his vested benefits would have been paid out.

The Estate also claims survivor benefits under the Plan, but can point to no language in the Plan itself. Rather, it quotes the following language from the SPD: “While the main purpose of the Pension Plan is to provide monthly retirement income during your lifetime, it can also provide valuable protection for your spouse or beneficiary at your death' — either before or after you retire.”

The Estate, however, overlooks the language following the quotation: “This protection — rather like an insurance policy on your benefit — is provided at no charge if you are Retired, or Actively employed, but eligible for early retirement.” Since Shockley was neither retired nor eligible for early retirement, this passage does not further the Estate’s argument.

Finally, the Estate quotes part of an SPD section on benefits to surviving spouses of active employees. The full section reads: “Benefits are also payable to the surviving spouses of active employees who are vested but not eligible for early retirement, as well as those who have terminated employment with a vested benefit.” This passage, read in context, only provides for a benefit to surviving spouses of employees who died with vested retirement benefits.

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130 F.3d 403, 97 Daily Journal DAR 14343, 97 Cal. Daily Op. Serv. 8845, 21 Employee Benefits Cas. (BNA) 2121, 1997 U.S. App. LEXIS 33286, 1997 WL 725763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-shockley-v-alyeska-pipeline-service-co-ca9-1997.