Gragg v. UPS Pension Plan

CourtDistrict Court, S.D. Ohio
DecidedSeptember 22, 2025
Docket2:20-cv-05708
StatusUnknown

This text of Gragg v. UPS Pension Plan (Gragg v. UPS Pension Plan) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gragg v. UPS Pension Plan, (S.D. Ohio 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

RALPH L. GRAGG, : : Case No. 2:20-cv-5708 Plaintiff, : : Judge Algenon L. Marbley v. : Magistrate Judge Kimberly A. Jolson : UPS PENSION PLAN, : : Defendant. :

OPINION & ORDER This matter is before the Court on the parties’ cross Motions for Entry of Judgment. (ECF Nos. 49, 50). For the reasons that follow, Plaintiff’s Motion is DENIED (ECF No. 49) and Defendant UPS Pension Plan’s Motion is GRANTED (ECF No. 50). I. BACKGROUND This Court has previously set forth the factual and procedural background of this case. (ECF Nos. 24, 48).1 Nonetheless, given the continued relevance of that background to the present analysis, this Court finds it appropriate to briefly recount the history of this matter once more. Plaintiff Ralph Gragg, a West Virginia resident, worked for Overnite Transportation Company (“Overnite”) from 1979 until 2005. (ECF No. 1 at ¶¶ 5, 7). In 2005, United Parcel Service (UPS) purchased Overnite, and Plaintiff became an employee of “UPS Freight” until his retirement in 2010. (Id., ¶ 14; ECF No. 13 at 4). Under the terms of that acquisition, UPS assumed responsibility for the pension benefits Plaintiff had accumulated while employed by Overnite. (Id., ¶ 8). During this period, UPS maintained two separate retirement plans, regulated by the Employee Retirement Income Security Act (“ERISA”): the UPS Retirement Plan and the UPS Pension Plan.

1 Both parties reference the facts as provided in this Courts November 14, 2023, Opinion & Order (ECF No. 48). 1 (Id., ¶ 9). Former Overnite employees, like Plaintiff, earned benefits under the Retirement Plan, Pension Plan, or both, based on their time of employment with UPS and their particular job. (ECF No. 12-1 at 55). Given his initial job classification at UPS, the amount of benefit credit from Plaintiff’s prior service at Overnite was accrued under the Retirement Plan. (Id.). In August 2008, however, Plaintiff’s job classification changed, and he began accruing benefit credit under the

Pension Plan, while his benefit service accruals under the Retirement Plan ceased. (Id.). As a result, at the time of his retirement, Plaintiff had accrued benefits under both Plans. (ECF No. 13 at 4). The UPS Pension Plan has since merged with the UPS Retirement Plan. Accordingly, this Court refers to the plans collectively as “the Plan.” Each plan had options participants could elect when they were eligible to retire and ready to receive benefits. (ECF No. 17 at 5). As relevant here, one option, available at either age sixty- two (62) or sixty-five (65), was a “Social Security Leveling Option.”2 The applicable regulations from the Internal Revenue Service (“IRS”) define a “Social Security Leveling Option” as: a feature with respect to an optional form of benefit commencing prior to a participant’s expected commencement of social security benefits that provides for a temporary period of higher payments which is designed to result in an approximately level amount of income when the participant’s estimated old age benefits from Social Security are taken into account.

26 C.F.R. § 1.411(d)–3(g)(16). Simply put, a Social Security Leveling option allows a participant to begin drawing his retirement benefits before he reaches retirement age. (ECF No. 13 at 2). When an individual decides to retire before reaching Social Security retirement age, this option allows him to receive an increased monthly benefit amount, above what he would have otherwise been entitled to receive. (Id. at 2–3). Once that individual reaches Social Security retirement age (and

2 These options were available to Plaintiff, and other former Overnite employees, pursuant to “grandfather clauses” in each plan. (See ECF No. 12-1 at 271; ECF No. 12-2 at 489–90). 2 begins drawing Social Security retirement benefit), the plan then reduces that monthly benefit amount below what the participant would otherwise be entitled to receive. (Id. at 3). This option, then, provides the participant with an approximately level amount of income for the duration of time he draws his pension. (Id.). Thus, after age sixty-five (65), a majority of the monthly benefit would be paid by Social Security with the relatively small amount being paid by each

plan. (ECF No. 17 at 6). When Plaintiff indicated he planned to retire, each plan sent him an estimated benefit summary listing every benefit option and the amount Plaintiff, his spouse, or survivor would receive. (Id.). On June 18, 2010, the Pension Plan sent Plaintiff the following summary listing: Benefit Monthly Amount Single-Life Only Annuity: $868.84

Single Life Certain Annuity With $847.38 10-Year Certain Guarantee:

Qualified Joint & 50% Surviving Spouse Annuity: $800.46 (Participant’s Benefit) $400.23 (Spouse’s Benefit)

Qualified Joint & 75% Survivor Annuity: $752.68 (Participant’s Benefit) $564.51 (Survivor’s Benefit)

Qualified Joint & 100% Survivor Annuity $742.08 (Participant’s Benefit) $742.08 (Survivor’s Benefit)

Social Security Leveling Option - Age 62 Before age 62: $1,818.93 After age 62: $409.93

Social Security Leveling Option - Age 65 Before age 65: $1,818.93 After age 65: $35.87

(ECF No. 12-1 at 60). On the same day, the Retirement Plan sent Plaintiff the following summary listing: 3 Benefit Monthly Amount Single-Life Only Annuity: $1,250.27

Single Life Certain Annuity With $1,219.39 10-Year Certain Guarantee:

Qualified Joint & 50% Surviving Spouse Annuity: $1,151.87 (Participant’s Benefit) $575.94 (Spouse’s Benefit)

Qualified Joint & 75% Survivor Annuity: $1,083.11(Participant’s Benefit) $812.33 (Survivor’s Benefit)

Qualified Joint & 100% Survivor Annuity $1,067.86 (Participant’s Benefit) $1,067.86 (Survivor’s Benefit) Social Security Leveling Option - Age 62 Before age 62: $2,200.36 After age 62: $791.36

Social Security Leveling Option - Age 65 Before age 65: $2,171.30 After age 65: $417.30

(ECF No. 12-1 at 40). On June 28, 2010, Plaintiff submitted his retirement paperwork, electing the “Social Security Leveling Option – Age 65” under both Plans. (ECF No. 13 at 5). On July 12, 2010, the Retirement Plan sent Plaintiff a notice that his retirement had been authorized by its Board and he would receive his first payment in August. (ECF No. 12-1 at 36). This Notice specifically detailed that “[b]ecause [Plaintiff] elected the Social Security Leveling Option age 65 . . . the benefit amount of $1,789.87 is payable through July 1, 2018 and beginning August 1, 2018, [his] benefit [would] be adjusted to $35.87, less deductions.” (Id.). That same day, Plaintiff received a similar Notice from the Pension Plan, recognizing his retirement had been authorized by its Board and he would receive his first payment in August. (ECF No. 21-2 at 402). This Notice similarly stated that “[b]ecause [Plaintiff] elected the Social Security Leveling Option age 65 . . . the benefit amount of $2,171.30 is payable through July 1, 2018 and beginning August l, 2018, [his] benefit [would] be adjusted to $417.30, less deductions.” (Id.). Each plan began 4 issuing Plaintiff monthly payments on August 1, 2010. (Id.). When Plaintiff turned sixty-five (65) in February 2018, his monthly payments from each plan were reduced with the assumption that he would then be receiving Social Security benefits. (ECF No. 13 at 5). Plaintiff claims, however, that his payments were improperly reduced by twice the amount of his Social Security benefit. (Id. at 6). And, as a result, his monthly benefit dropped

from $3,961.17 per month to $2,207.17 per month. (Id.).

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