Kerber v. Qwest Pension Plan

572 F.3d 1135, 47 Employee Benefits Cas. (BNA) 1321, 2009 U.S. App. LEXIS 15757, 2009 WL 2096221
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 17, 2009
Docket08-1387
StatusPublished
Cited by13 cases

This text of 572 F.3d 1135 (Kerber v. Qwest Pension Plan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kerber v. Qwest Pension Plan, 572 F.3d 1135, 47 Employee Benefits Cas. (BNA) 1321, 2009 U.S. App. LEXIS 15757, 2009 WL 2096221 (10th Cir. 2009).

Opinions

BRISCOE, Circuit Judge.

Plaintiffs, former employees of U.S. West, Inc. (U.S.West) and Qwest Communications International, Inc. (Qwest), filed this putative class action pursuant to the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § § 1001-1461, challenging certain amendments to an employee benefit plan that purported to eliminate a so-called “pensioner death benefit.” The district court granted summary judgment in favor of defendants. Plaintiffs now appeal from that ruling. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I

A. The U.S. West and Qwest Pension Plans

The 198k U.S. West Pension Plans

Effective January 1, 1984, U.S. West was created as a result of a court-ordered divestiture of the American Telephone & Telegraph Company’s (AT & T) local telephone operations. The divestiture transaction also created two separate pension plans, both of which were established as successors to similar AT & T pension plans: the U.S. West Pension Plan (1984 Occupational Pension Plan) and the U.S. West Management Pension Plan (1984 Management Pension Plan). These two 1984 pension plans included what was called the “Death Benefit Plan,” which provided for death benefits to be paid to certain survivors of employees and retirees. The Death Benefit Plan included three components: (1) the Sickness Death Benefit, which provided death benefits in the event an active employee died as a result of sickness or injury; (2) the Accidental Death Benefit, which provided death benefits in the event an active employee died from an on-the-job accident; and (3) the Pensioner Death Benefit. The Pensioner Death Benefit provided death benefits to certain qualified beneficiaries, if they existed, of retired employees receiving a service or disability pension. More specifically, the Pensioner Death Benefit, which was generally equivalent to twelve months’ wages as of the retired employee’s date of retirement, was paid to a “mandatory beneficiary,” which included an “eligible surviving Spouse” (i.e., a spouse living with the retiree at the time of the retiree’s death), “eligible dependent children” (dependent children up to age 23), an “eligible dependent parent” (i.e., a dependent parent living with or near the retiree), or “other beneficiaries” (which encompassed a wider circle of dependent family members). App. at 570. If no mandatory beneficiary existed, then the benefit was not paid, except for a discretionary burial expense of up to $500. Also, if a retiree’s otherwise eligible mandatory beneficiary filed suit against Qwest in connection with the retiree’s death, no benefit was paid.

The two 1984 pension plans each contained a reservation of rights clause reserving for the respective plan sponsor the power and authority to alter the benefits thereunder. Those clauses each stated, in pertinent part:

The [U.S. West Employees’ Benefit] Committee, with the consent of the [1139]*1139Chairman of the Board ... and subject to the approval of the Board of Directors ... may from time to time make changes in the Plan as set forth in this document, and the Company may terminate said Plan, but such changes or termination shall not affect the rights of any employee, without his consent, to any benefit or pension to which he may have previously become entitled hereunder.

Id. at 638, 659.

The 199S Revisions to the U.S.

West Pension Plans

Effective January 1, 1993, U.S. West merged its two 1984 pension plans into one (the 1993 Pension Plan), and, in doing so, effectively revised certain provisions of the two 1984 plans. In particular, § 7.11 of the 1993 Pension Plan, entitled “Termination of Death Benefits,” provided as follows:

Effective February 28, 1993, the provisions of this Article VII [covering Death Benefits] shall not apply to individuals first hired on or after March 1, 1993. The survivors of any individual first hired on or after March 1, 1993 shall not be entitled to any benefits under this Article VII. Individuals who have a Term of Employment that includes any period prior to March 1, 1993, including individuals who are re-employed on or after March 1, 1993 and whose Term of Employment is bridged so that it includes periods before March 1, 1993, shall be entitled to a frozen benefit under this Article VII as of February 28, 1993. For purposes of calculating the frozen benefit, “Wages” under Section 7.9 shall be based on the last twelve months of employment preceding March 1,1993.

Id. at 670. In short, § 7.11 limited eligibility for the Pensioner Death Benefit to individuals hired on or before March 1, 1993, and it prospectively froze the payment level for the benefit.

The 1993 Pension Plan, like the two preceding 1984 plans, included a reservation of rights clause:

U S WEST expects this Plan to be permanent, but as future conditions cannot be foreseen it reserves the right to amend the Plan at any time, without prior notice to anyone. * * * Amendments may modify the rights and interests of Employees who are Participants in the Plan at the time thereof as well as future Participants but amendments may not diminish the accrued benefit of any Participant as of the effective date of such amendment or divert any funds in the Trust to purposes other than for the exclusive benefit of Participants and their beneficiaries.

Id. at 671.

Lastly, the 1993 Pension Plan, unlike the two preceding 1984 plans, expressly defined the term “accrued benefit” to exclude any death benefits. Id. at 665.

The 1997 Revision to the U.S.

West Pension Plan

Effective January 1, 1997, the 1993 Pension Plan was amended to allow certain management employees to elect a lump sum payout of their retirement benefits, and to include in that lump sum payout a discounted version of the Pensioner Death Benefit (the “DLS Equivalent”1) that assumed the retiree would be survived by a beneficiary. If a management employee elected to receive this discounted version of the Pensioner Death Benefit in his or [1140]*1140her lump sum payout, “no other Death Benefit [wa]s payable ... at any time, including the participant’s death.... ” Id. at 685. These amendments to the Death Benefit provisions applied only to ordinary retirements, and not as part of any early retirement program. Further, the amendments did not materially alter the definition of “accrued benefit”; in other words, death benefits were not considered to be “accrued benefits” under the plan.

The Qwest Plan

In 2000, Qwest acquired and merged with U.S. West. As a result of this merger, the 1993 Pension Plan (as amended in 1997) was replaced by the Qwest Pension Plan (the Plan), and Qwest became the Plan Sponsor. The Qwest Employee Benefit Committee (the Committee) was the Plan’s “named fiduciary” and was responsible for, among other things, administration of the Plan, including appointment of other fiduciaries and interpretation of the Plan’s provisions.

The Plan was similar in all relevant respects to its predecessor plans.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. McBride
94 F.4th 1036 (Tenth Circuit, 2024)
CNSP v. City of Santa Fe
Tenth Circuit, 2018
McDaniels v. Goff
646 F. App'x 609 (Tenth Circuit, 2016)
Fulghum v. Embarq Corporation
778 F.3d 1147 (Tenth Circuit, 2015)
Fulghum v. Embarq Corp.
938 F. Supp. 2d 1090 (D. Kansas, 2013)
Pikas v. Williams Companies, Inc.
903 F. Supp. 2d 1219 (N.D. Oklahoma, 2012)
DeFranco v. Storage Technology Corp.
622 F.3d 1296 (Tenth Circuit, 2010)
Kerber v. Qwest Pension Plan
572 F.3d 1135 (Tenth Circuit, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
572 F.3d 1135, 47 Employee Benefits Cas. (BNA) 1321, 2009 U.S. App. LEXIS 15757, 2009 WL 2096221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kerber-v-qwest-pension-plan-ca10-2009.