Fox v. Fox

167 F.3d 880, 22 Employee Benefits Cas. (BNA) 2441, 1999 U.S. App. LEXIS 2104
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 12, 1999
DocketNos. 97-2705, 98-1801
StatusPublished
Cited by12 cases

This text of 167 F.3d 880 (Fox v. Fox) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fox v. Fox, 167 F.3d 880, 22 Employee Benefits Cas. (BNA) 2441, 1999 U.S. App. LEXIS 2104 (4th Cir. 1999).

Opinion

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge MURNAGHAN and Judge HERLING joined.

OPINION

WILKINSON, Chief Judge:

Pamela Kelly Fox brought suit to recover funds in her ex-husband’s profit-sharing and retirement plans that were awarded to her in Maryland divorce proceedings. Her former husband, Arthur Victor Fox, as administrator of those plans, denied her request to qualify a state domestic relations order for payment under ERISA, 29 U.S.C. § 1056(d)(3). The district court held that Mr. Fox acted unreasonably in denying Ms. Fox’s request for payment. We affirm.

I.

This ease is the culmination of a decade of post-divorce proceedings involving Mr. and Ms. Fox. The Foxes were married in 1974 and were granted a divorce in 1989 in Maryland. During the divorce proceedings, the Maryland courts determined the respective interests of Mr. and Ms. Fox in Chem-Met, a company owned by Mr. Fox. Mr.Fox served as the company’s president and he administered Chem-Met’s retirement and profit-sharing plans. He also was a beneficiary of those plans.

As part of the divorce judgment, the state circuit court awarded Ms. Fox $112,439 from the profit-sharing plan and $135,057 from the [882]*882retirement plan. Because the plans were governed by ERISA, the monies could only be paid to Ms. Fox if a court with jurisdiction issued a domestic relations order (DRO) that the plan administrator could qualify as meeting ERISA’s requirements. See 29 U.S.C. § 1056(d)(3). Such a qualified DRO is known as a QDRO. With the help of Earl Metheny, Chem-Met’s employee benefits counsel, the Foxes’ attorneys drafted a DRO, which was signed by a Maryland circuit court in 1989 (1989 DRO). The parties both appealed various aspects of the divorce judgment to the Maryland Court of Special Appeals.

While the case was on appeal, Ms. Fox presented the 1989 DRO to Chem-Met’s plan administrator, Mr. Fox, for payment. Ms. Fox was permitted to choose from the plans’ four payment options: lump-sum, installment payments, annuity, or leaving the money in the plan. Ms. Fox elected a lump sum and was paid in May 1990..

In January 1991, the Maryland Court of Special Appeals directed the circuit court to reevaluate the amount awarded to Ms. Fox from the two Chem-Met plans using a later valuation date. Fox v. Fox, 584 A.2d 128, 134-35 (Md.Ct.Spec.App.1991). On remand, the circuit court determined that Ms. Fox was entitled to an additional $17,521 from the profit-sharing plan and $18,439 from the retirement plan. Again the attorneys for the Foxes turned to Metheny for help in drafting a DRO. The parties drafted a DRO that was virtually identical to the 1989 DRO and submitted it to the circuit court. The court issued this DRO in November 1991 (1991 DRO).

In December 1991 Ms. Fox submitted the 1991 DRO to Mr. Fox as the plans’ administrator. After much delay, Mr. Fox as administrator refused to qualify the 1991 DRO. He asserted that the prior lump sum payment precluded any additional payments because lump sum means one or more payments within a single tax year. He thus concluded that the proposed DRO violated 29 U.S.C. § 1056(d)(3)(D) because it directed the plans to pr.ovide a form of payment that the plans did not permit. Ms. Fox promptly requested reconsideration and Metheny, on Chem-Met’s behalf, affirmed the denial in May 1995.

Ms. Fox filed suit against Mr. Fox individually and as the administrator of the Chem-Met plans in Maryland state court. She prayed for relief in the form of the $35,961— the amount awarded in the 1991 DRO — -and prejudgment and post-judgment interest. Mr. Fox removed the case to federal court and filed a counterclaim seeking a declaratory judgment that his refusal to qualify the 1991 DRO was a permissible exercise of his discretion under ERISA.

The district court granted summary judgment to Ms. Fox on October 30, 1997. The court noted that because of the personal animosity between the parties and Mr. Fox’s personal stake in the outcome, Mr. Fox’s ERISA determination should be subjected to closer scrutiny. The district court held that Mr. Fox’s definition of lump sum was unreasonable because it precluded compliance with a state court order and would reduce Ms. Fox’s fair share of benefits. The court imposed a constructive trust for Ms. Fox’s benefit on the monies being held in the two plans. The court awarded her $35,961, plus interest, costs, and attorneys’ fees. The district court subsequently awarded prejudgment interest at a rate of 12% per annum. Mr. Fox appeals.

II.

Under ERISA, a plan administrator may not qualify a DRO if that order requires “a plan to provide any type or form of benefit, or any option, not otherwise provided under the plan.” 29 U.S.C. § 1056(d)(3)(D)(i). Mr. Fox concedes" that the Chem-Met plans permit the payment of a lump sum, but contends that Ms. Fox’s requested payments are not lump sums because they require a second payment on top of the payments made pursuant to the 1989 DRO. Borrowing from federal tax law, Mr. Fox asserts that lump sum means “the distribution or payment within one taxable year of the recipient of the balance to the credit of an employee.” I.R.C. § 402(e)(4)(A). Because payment under the 1991 DRO would occur in a different tax year from the distributions made under the 1989 [883]*883DRO, Mr. Fox argues that such payments are not lump sum payments. Mr. Fox further argues that he did not abuse his discretion in deciding that the plans do not offer the “form of benefit” requested by Ms. Fox — essentially a two-payment option.

We review Mr. Fox’s determination under the standards set forth in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). In Bruch, the Supreme Court held that the decisions of administrators who have been delegated the power to construe disputed terms “will not be disturbed if reasonable.” Id. at 111, 109 S.Ct. 948; see also de Nobel v. Vitro Corp., 885 F.2d 1180, 1185-86 (4th Cir.1989). Additionally, “if a benefit plan gives discretion to an administrator or fiduciary who is operating under a conflict of interest, that conflict must be weighed as a factor in determining whether there is an abuse of diseretion.”Bruch, 489 U.S. at 115, 109 S.Ct. 948 (internal quotation marks omitted); see also Doe v. Group Hospitalization & Med. Servs., 3 F.3d 80, 87 (4th Cir.1993) (“[Deference will be lessened to the degree necessary to neutralize any untoward influence resulting from the conflict.”).

Here, the parties agree that the plans delegate to Mr. Fox discretion to interpret the meaning of disputed terms. The question remains whether Mr. Fox’s interpretation is reasonable. We hold that it is not.

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167 F.3d 880, 22 Employee Benefits Cas. (BNA) 2441, 1999 U.S. App. LEXIS 2104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fox-v-fox-ca4-1999.