Fenton v. John Hancock Mutual Life Insurance

400 F.3d 83, 34 Employee Benefits Cas. (BNA) 1938, 2005 U.S. App. LEXIS 4010, 2005 WL 552837
CourtCourt of Appeals for the First Circuit
DecidedMarch 10, 2005
Docket02-1960, 03-1277, 03-1278
StatusPublished
Cited by28 cases

This text of 400 F.3d 83 (Fenton v. John Hancock Mutual Life Insurance) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fenton v. John Hancock Mutual Life Insurance, 400 F.3d 83, 34 Employee Benefits Cas. (BNA) 1938, 2005 U.S. App. LEXIS 4010, 2005 WL 552837 (1st Cir. 2005).

Opinion

JOHN R. GIBSON, Senior Circuit Judge.

The district court granted summary judgment in favor of the seven former employees in this action against their former employer, John Hancock Mutual Life Insurance Company. The complaint seeks enhanced early retirement benefits under the company’s pension plan. The question at issue is whether a 1994 amendment to the plan, making early retirement'with full benefits available at age 56 to those with 25 yeahs of service; applies to former employees whose jobs ended 'before they retired, or only to those who are still employed when they retire. John Hancock appeals, and the former employees cross-appeal the district court’s calculation of attorney’s fees. We reverse and remand for further proceedings consistent with this opinion.

, FACTS

John Hancock terminated the employment of the seven plaintiffs in March 1997 as a result of John Hancock’s sale of part of its business to UNICARE of California, Inc. Despite their termination, the former employees remained vested participants in John Hancock’s ERISA-qualified pension plan.

The company established the John Hancock Mutual Life Insurance Company Pension Plan in 1938. The Plan has been amended a number of times since it was established, and these amendments have periodically been incorporated in restatements of the Plan. The 1995 Restatement is at issue in this case; it was preceded by a 1976 Restatement. The Internal Revenue Service issued a favorable determination letter for the 1995 Restatement, meaning that the form of the Plan document complies with the Internal Revenue Code requirements for qualified plans.

The parties agree that the Plan was amended on October 11, 1994. Hancock asserts that this amendment was among those included in the Plan’s 1995 Restatement, but the former employees refer to *86 the 1995 Restatement as the “Partial Plan” and assert that it is non-integrated and therefore the 1994 amendment must be considered in addition to the 1995 Restatement. The 1994 amendment lowered from 55 to 50 the age at which a qualifying Plan participant could elect early retirement at reduced benefits. Employees who were at least 56 years old with 25 years of service became eligible for full retirement benefits. Before the amendment, employees were subject to a rule of 85, which allowed full retirement benefits to those with combined age and years of service equaling at least 85. Under the 1994 amendment, eligible participants who choose to retire between the ages of 50 and 56 have their benefits calculated using a formula that subtracts 0.4% of a participant’s full retirement benefit for each month that precedes the participant’s fifty-sixth birthday.

The Plan also had a special provision for participants whose service with Hancock had been terminated other than by retirement. Such participants had to choose between a full pension at age 65, or a reduced pension beginning whenever they became eligible for early retirement (e.g., with 15 years of service, at age 50). That reduced pension would be calculated according to the 0.4%-per-month formula with a baseline of age 65.

The former employees, with one exception, fall into a narrow category of Plan participants who had accrued more than 25 years of service with John Hancock but had not reached 50 years of age at the time of their termination. 1 They claimed full retirement benefits starting at age 56, 2 believing that the liberalization of the retirement age in the 1994 amendment applied to them. John Hancock, acting in its capacity as Plan Administrator, denied these former employees full retirement benefits at age 56. Because these individuals’ employment with John Hancock had been terminated before retiring, Hancock concluded that they were not eligible for those benefits. John Hancock interpreted the Plan to preclude this category of participants from obtaining full pension benefits at age 56. Instead, John Hancock deemed former employees who left the company prior to age 50 ineligible for full pension benefits until age 65 even if they had accrued 25 years of service. Under this reading of the Plan, the former employees were “early retirees” whose pensions were reduced by 0.4% for each month between the age at which they applied for retirement and age 65. Although the former employees could elect to begin receiving reduced benefits as of age 50, those benefits would be calculated using the normal retirement age of 65.

The former employees filed a three-count complaint to obtain the pension benefits described in the 1994 Plan amendment. The first count is a traditional benefits claim in which the former employees seek a declaration of their rights under the Plan pursuant to ERISA section 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B). In the second count, the former employees allege- John Hancock breached its fiduciary duty under ERISA section 502(a)(3), 29 U.S.C. § 1132(a)(3). The third count, which asserts relief under the federal common law theory of estoppel, is asserted only on behalf of former employee Diebold. The former employees moved for summary *87 judgment on Count I of their amended complaint while John Hancock sought summary judgment on all three counts. The district court granted the former employees’ motion, denied John Háncock’s motion on Count I, declared moot John Hancock’s motion' on Counts II and III, and awarded attorney’s fees and costs to the former employees in the amount of $301,324.24. John Hancock appeals the summary judgment order and the award of fees and costs, and the' former employees cross-appeal the award of attorney’s fees with respect to the rate at which they were calculated.

I. STANDARD OF REVIEW, BY COURT OF APPEALS, OF DISTRICT COURT’S DECISION .

We begin by determining the proper standard of review. The district court’s grant of summary judgment is, of course, reviewed de novo, with all inferences resolved in favor of John Hancock. See Rodriguez-Abreu v. Chase Manhattan Bank, N.A., 986 F.2d 580, 583 (1st Cir.1993). Summary judgment is appropriate only if there is no genuine dispute as to material facts and the moving party is entitled to judgment as á matter of law. Id.

The ERISA statute directs the district court to confine its analysis to the terms of the plan. ERISA authorizes a participant to bring an action “to recover benefits due to him under the terms of hi's plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan.” 29 U.S.C. § 1132(a)(1)(B) (emphasis added). The identity of the plan is thus a material fact, and we must determine whether a genuine issue exists as to that identity.

II. IDENTIFYING THE PLAN

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Bluebook (online)
400 F.3d 83, 34 Employee Benefits Cas. (BNA) 1938, 2005 U.S. App. LEXIS 4010, 2005 WL 552837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenton-v-john-hancock-mutual-life-insurance-ca1-2005.