Leahy v. Trans Jones, Inc.

996 F.2d 136, 16 Employee Benefits Cas. (BNA) 2511, 1993 U.S. App. LEXIS 14767, 1993 WL 210506
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 18, 1993
DocketNo. 92-3641
StatusPublished
Cited by19 cases

This text of 996 F.2d 136 (Leahy v. Trans Jones, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Leahy v. Trans Jones, Inc., 996 F.2d 136, 16 Employee Benefits Cas. (BNA) 2511, 1993 U.S. App. LEXIS 14767, 1993 WL 210506 (6th Cir. 1993).

Opinion

KRUPANSKY, Senior Circuit Judge.

Plaintiff-Appellant, John C. Leahy has appealed the district court’s grant of summary judgment in favor of defendants-appellees, Trans Jones, Inc. (Trans Jones), Dean Duffey, Thomas Hummer, William Ludwick, Fred Gesell, Bill Malone, Henry Whitaker and William Covert. In this proceeding under the Employee Retirement Income Security Act of 1974 (ERISA), Leahy charged that the defendant company, the members of the Trans Jones Employee Stock Ownership Plan Committee (the Committee) and the Plan Trustees wrongfully denied him a lump sum distribution of his retirement benefits upon early retirement. The district court granted summary judgment to the defendants on May 22, 1992, and Leahy filed a timely notice of appeal. Thereafter, on December 30,1992, Trans Jones filed a Chapter 11 bankruptcy petition in the United States District Court for the Eastern District of Michigan. Trans Jones then filed a notice of the bankruptcy petition with this court, requesting the statutory stay required by 11 U.S.C. § 362. This court granted the stay and dismissed Trans Jones as a defendant in this appeal, permitting the appeal to proceed only as to the- named individual defendants.

John Leahy had been an employee of Trans Jones from January 1, 1976, through May 22, 1987, when he retired at age 57. Following his termination of employment, Leahy submitted a written request for immediate distribution of his Trans Jones Employee Stock Ownership Plan (Plan) account. The Plan had been instituted by Jones Transfer Company1 on January 1, 1976, for all salaried and hourly employees who were not represented by a labor union under a collective bargaining agreement. All employees of Jones Transfer who were above [138]*138the age of 24 and a half years, had completed at least 1,000 hours of service in a calendar year, and had been employed for at least three years were participants in the Plan. Leahy had been a participant in the Plan since its inception.

The Plan was administered by the Trans Jones Employee Stock Ownership Plan Committee whose members were appointed by the Board of Directors of Trans Jones. At least three of the Committee members were required to be employees of the company. At the time Leahy filed his complaint in federal district court, defendants Dean Duf-fey, Thomas Hummer, William Ludwiek and William Covert were members of the Committee. The Plan was funded entirely by employer contributions and all Plan accounts were 100% vested. The assets of the Plan were held in trust under a trust agreement between Trans Jones and the designated trustees, William Covert, Bill Malone, Henry Whitaker and Fred Gesell.

Prior to Leahy’s retirement, all employees who had terminated their employment with Trans Jones prior to their 65th birthdays had received an immediate lump sum distribution of their Plan benefits upon request. However, by letter dated June 1, 1987, the Committee notified all Plan participants that the practice of granting immediate settlements resulting from early retirement would be discontinued. According to the letter, the practice of immediate distribution defeated the purposes of the plan which were to promote company loyalty and provide a supplemental retirement income. The newly inaugurated policy became effective on January 1, 1987, and subsequent to that date, the Committee has consistently denied distributions before the normal retirement age.

Leahy terminated his employment on May 22, 1987, and in early June, 1987, he contacted Diane Becker, Benefits Manager for Trans Jones, to inquire about immediate distribution of the company stock he had in the Plan. Leahy was instructed .to submit a written request to Covert, the chairperson of the Plan’s administrative committee. In response to his request to Covert, Leahy was notified by a letter from Diane Becker dated June 30, 1987, that his request could not be considered until a financial evaluation of the 1987 year-end business operations had been concluded. Becker expected this evaluation to be completed sometime in May or June of 1988. Accompanying Becker’s letter was a copy of the June 1, 1987, letter from Covert detailing the change in Plan policy concerning early retirement lump sum payments. Becker specifically advised Leahy that lump sum payments could be withheld until he reached age 65. On August 27, 1990, Leahy was notified that his request had been denied. Leahy then filed the action that is the subject of this appeal.

This appeal is from" the district court’s grant of summary judgment. Appeals from grants of summary judgment are reviewed under a de novo standard. EEOC v. University of Detroit, 904 F.2d 331, 334 (6th Cir. 1990). The court must determine whether “the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Massey v. Exxon Corp., 942 F.2d 340, 342 (6th Cir. 1991). The, evidence must be viewed in a light most favorable to the nonmoving party, but the “mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Anderson v. Liberty Lobby, 477 U.S. 242, 252, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202 (1986). There must be a genuine issue of material fact. Middleton v. Reynolds Metals, 963 F.2d 881, 882 (6th Cir. 1992). A fact is material if it will “affect the outcome of the suit under the governing law.... Factual disputes that are irrelevant or unnecessary will not be counted.” Liberty Lobby, 477 U.S. at 248, 106 S.Ct. at 2510. Thus, “a party may move for summary judgment asserting that the opposing party will not be able to produce sufficient evidence at trial to withstand a directed verdict motion. If, after being allotted sufficient time for discovery, the opposing party is unable to demonstrate that he or she can produce the evidence required by the criteria of Liberty Lobby, summary judgment is appropriate.” Street v. J.C. Bradford & Co., 886 F.2d 1472, 1478 (6th Cir.1989) (adopting the “New Era” [139]*139of summary judgment as defined by Liberty Lobby, 477 U.S. at 252, 106 S.Ct. at 2512; Celotext Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); and Matsushita Electric Indus. Co. v. Zenith Radio Corp, 475 U.S. 574, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986)).

As his first assignment of error, Leahy charged that the district court erred in awarding summary judgment because it improperly weighed the evidence in defendants’ favor in determining that the change in policy had been effected by the Plan Committee rather than the new management of Trans Jones. The Plan provision pertaining to early retirement permits only the Committee to change the terms of payment.

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Bluebook (online)
996 F.2d 136, 16 Employee Benefits Cas. (BNA) 2511, 1993 U.S. App. LEXIS 14767, 1993 WL 210506, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leahy-v-trans-jones-inc-ca6-1993.