Goldstein v. Associates in Gastroenterology of Pittsburgh Amended & Restated Pension Plan

137 F. App'x 441
CourtCourt of Appeals for the Third Circuit
DecidedApril 29, 2005
Docket04-2252
StatusUnpublished
Cited by1 cases

This text of 137 F. App'x 441 (Goldstein v. Associates in Gastroenterology of Pittsburgh Amended & Restated Pension Plan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goldstein v. Associates in Gastroenterology of Pittsburgh Amended & Restated Pension Plan, 137 F. App'x 441 (3d Cir. 2005).

Opinion

OPINION OF THE COURT

PER CURIAM.

Dr. Morton Goldstein (“Plaintiff’), a licensed physician and the co-founder of Associates in Gastroenterology, Inc. (“Associates”), a medical practice based in Pittsburgh, Pennsylvania, filed this action for wrongful denial of retirement benefits against Associates, two retirement plans established and administered by Associates on behalf of its employees (the “Pension Plan” and the “Profit Sharing Plan”), related entities created to invest and maintain the assets of the Plans, and two trustees of the related entities (collectively, “Defendants”).

We conclude that there is no genuine issue as to any material fact and that Plaintiff was entitled to judgment as a matter of law. We therefore affirm the judgment of the District Court.

*443 i.

We exercise plenary review over the District Court’s grant of summary judgment. Int’l Union, UMWA v. Racho Trucking Co., 897 F.2d 1248, 1252 (3d Cir.1990). Federal Rule of Civil Procedure 56(c) states that summary judgment may be granted only if the record shows “that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.”

II.

The Supreme Court has identified the standard of review to be used in considering actions under 29 U.S.C. § 1132(a)(1)(B) for denial of ERISA benefits. Where a plan document does not give the fiduciary the specific authority to determine eligibility for benefits or to construe the terms of the plan, a court should review the denial of plan benefits de novo. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). A court should use the more deferential “arbitrary and capricious” standard only if the plan grants the fiduciary specific authority. Id. at 115, 109 S.Ct. 948.

The language of the Plans at issue here does not grant the trustees specific authority to determine benefits or construe the Plans’ terms. The trustees have broad administrative authority to “control, manage and administer” the Plans, and to “oversee and insure to the extent possible that the procedures established by the Plan[s] ... are carried out,” but this language does not amount to a specific grant of authority. See Luby v. Teamsters Health & Welfare & Pension Trust Funds, 944 F.2d 1176, 1180-81 (3d Cir.1991) (holding that plan authorizing trustees to “consider and decide upon a program for payment of benefits from the Trust Fund” and to amend the system of trust administration nevertheless did not grant trustees the specific authority to determine benefits or construe terms). We therefore apply a de novo standard of review in considering the denial of Plaintiffs claim for benefits. See Id., 944 F.2d at 1184.

III.

The parties dispute the date that should be used to set the value of Plaintiffs benefit accounts. Plaintiff contends that he was entitled, not only to receive distribution of his benefits on any date after his 65th birthday, but also to choose the day by which the value of his benefits would be set. Defendants counter that the value of Plaintiff’s benefits must be set by the date on which Plaintiff became entitled to benefits, and that, under the terms of the Plans, Plaintiff did not become entitled to benefits until September 20, 2001, when he returned his executed participant distribution election forms.

As the District Court noted, the pertinent provisions and language of the Plans are not ambiguous, and the issues here presented may be determined as a matter of law. Defendants’ position is unreasonable. The terms of the Plans do not condition an interim valuation of assets upon the receipt of completed participant distribution election forms, and the parties did not agree to such a condition independent of the Plans.

Defendants are correct insofar as they contend that Plaintiffs “interim valuation date” is equivalent to his “benefit entitlement date.” Section 5.05 provides as much:

If, based upon facts and circumstances, there is reason to believe that there has been substantial change in the fair market value of the Plan assets from the preceding valuation date to the Participant’s benefit entitlement date, then, at the request of any Participant, the assets of the Plan shall be revalued as of the *444 Participant’s benefit entitlement date. In such event, the value of the Participant’s account(s) shall be determined, for purposes of distribution, as of that interim valuation date, and this Section 5.05 shall be applied, for the balance of the Plan Year, as if the interim valuation date were the preceding annual valuation date. Notwithstanding the foregoing, in no event shall more than 2 interim valuations be required in any Plan Year.

(emphasis added). However, the date on which Plaintiff submitted his distribution election form does not necessarily determine his valuation date. For although the Plans require participants to make certain distribution choices in writing on forms furnished by the Plan Administrator, the Plans never provide that these distribution election forms address or control the valuation of benefits. See Article VII §§ 7.01, 7.02, 7.03 and 7.08 (Pension Plan) and §§ 7.01 and 7.09 (Profit Sharing Plan).

Moreover, the terms of the Plans make plain that valuation may be set by a day other than the day on which distribution begins. In fact, according to the terms of Sections 5.05 and 1.21 of the Plans, even if a participant elected to receive his full retirement benefit when he turned 65 years-old and accepted the annual valuation date of March 31, the participant’s benefit entitlement date would, unless he were born on March 31, fall upon a different date than his annual valuation. Thus the most straightforward participant choice possible would still create a situation in which the value of a participant’s assets would be set by a different day than the day on which they were distributed. Consider, for example, a man who turns 65 on December 7, 2006. His assets would be valued according to the annual valuation date immediately preceding December 7, 2006. See § 5.05(a). The annual valuation date is the last day of each Plan Year. Id. A Plan Year is the 12 consecutive month period beginning on April 1 of each year and ending on the following March 31. See § 1.21. The annual valuation date immediately preceding December 7, 2006, would therefore be March 31, 2006. The value of the man’s assets, and those of the fund as a whole, could change a great deal in those eight months.

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137 F. App'x 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goldstein-v-associates-in-gastroenterology-of-pittsburgh-amended-ca3-2005.