Mary Perugini-Christen v. Homestead Mortgage Company and Reliance Standard Life Insurance Company

287 F.3d 624, 27 Employee Benefits Cas. (BNA) 2434, 2002 U.S. App. LEXIS 7200, 2002 WL 598560
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 19, 2002
Docket01-2981
StatusPublished
Cited by23 cases

This text of 287 F.3d 624 (Mary Perugini-Christen v. Homestead Mortgage Company and Reliance Standard Life Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mary Perugini-Christen v. Homestead Mortgage Company and Reliance Standard Life Insurance Company, 287 F.3d 624, 27 Employee Benefits Cas. (BNA) 2434, 2002 U.S. App. LEXIS 7200, 2002 WL 598560 (7th Cir. 2002).

Opinion

WILLIAMS, Circuit Judge.

Mary Perugini-Christen was covered by long-term disability insurance under a group policy provided by Reliance Standard Life Insurance Company. When she became disabled, Perugini filed for benefits under the Reliance plan. Reliance paid benefits to Perugini, but the amount it paid was less than Perugini thought she should receive, and she filed suit. The district court granted summary judgment in Reliance’s favor. We conclude that the district court correctly reviewed the plan administrator’s decision de novo and that the administrator correctly characterized the profit compensation language of the employment agreement as a bonus for purposes of the ERISA plan.

I. BACKGROUND

From 1985 until 1993, Perugini was the owner, president, and CEO of People’s Mortgage Company in Fort Wayne, *626 Indiana. In 1993, Perugini sold People’s to Homestead Mortgage Company. As part of the sale, Perugini entered into a deal with Homestead to act as an independent branch manager for the Fort Wayne office. Perugini negotiated a compensation package under which she was to receive fifty percent of the branch profits in addition to her annual salary. 1 Perugini worked under this compensation plan until she became disabled in 1996. Perugini filed a claim for long-term disability benefits with Reliance, Homestead’s disability insurance carrier. Under Reliance’s benefits plan, Perugini’s benefits were to be based on her covered monthly earnings. Covered monthly earnings were defined as the employee’s monthly salary and any commissions or bonuses averaged over the preceding twelve months, with respect to commissions, or thirty-six months, with respect to bonuses. The plan does not define either salary or bonus.

Reliance considered the branch profits Perugini received to be a bonus and averaged them over a thirty-six month period to calculate her monthly benefit. Perugini disagreed and the district court found that the plan language was not ambiguous. Furthermore, the district court classified the branch profits compensation as bonuses because Perugini’s employment agreement designated them as such and the ordinary definition of bonus encompassed the branch profits compensation.

II. ANALYSIS

A. Standard of Review

The Supreme Court has made it clear that “a denial of benefits challenged under § 1132(a)(1)(B) is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.” Firestone Tire & Rubber v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989). In determining whether a plan grants its administrator discretion, we must look to the language of the plan. Postma v. Paul Revere Life Ins. Co., 223 F.3d 533 (7th Cir.2000).

Reliance argues that the plan grants it discretionary authority because it required Perugini to submit:

“satisfactory proof of Total Disability to [Reliance].”

However, “the presumption of plenary review is not rebutted by the plan’s stating merely that benefits will be paid only if the plan administrator determines they are due, or only if the applicant submits satisfactory proof of his entitlement to them.” Herzberger v. Standard Ins. Co., 205 F.3d 327, 331 (7th Cir.2000). Rather, the plan should clearly and unequivocally state that it grants discretionary authority to the administrator, which we find the plan did not do.

In this case, the language at issue is open to two reasonable interpretations: (1) that Perugini submit to Reliance satisfactory proof or (2) that she submit proof which is satisfactory to Reliance. The former interpretation would simply require Perugini to submit requested documents, the latter would be satisfied only if Perugi-ni’s documents satisfied Reliance’s subjective notions of what was required. Because it is not clear from the plan language which interpretation is the correct one, we find that Reliance failed to reserve discretionary authority. Accordingly, we will engage in plenary review.

Two of our sister circuits have been faced with this issue and have reached opposite conclusions. In Kinstler v. First *627 Reliance Standard Life Ins. Co., 181 F.3d 243, 251-52 (2d Cir.1999), the Second Circuit was faced with language identical to the plan at issue in this ease and held that “the language of First Reliance’s policy is insufficient to preclude de novo review,” because it is not clear whether the language “means only that the claimant must submit to First Reliance proof that is satisfactory or that the claimant must submit proof that is satisfactory to First Reliance.” However, the Sixth Circuit found that the same language conferred deferential review. In Yeager v. Reliance Standard Life Ins. Co., 88 F.3d 376, 381 (6th Cir.1996), the court found that “[a] determination that evidence is satisfactory is a subjective judgment that requires a plan administrator to exercise his discretion.” While the Sixth Circuit is correct in finding that a determination that evidence is satisfactory is a subjective judgment, we agree with the Second Circuit that merely requiring satisfactory proof “is an inadequate way to convey the idea that a plan administrator has discretion. Every plan that is administered requires submission of proof that will ‘satisfy* the administrator.” Kinstler, 181 F.3d at 252. Therefore, “unless a policy makes it explicit that the proof must be satisfactory to the decision-maker, the better reading of ‘satisfactory proof is that it establishes an objective standard, rather than a subjective one.” Kinstler, 181 F.3d at 252. 2 Although we believe that under either standard of review the district court reached the correct decision, we find the district court was correct in applying plenary review.

B. Perugini’s Compensation was a Bonus

Turning to the merits, Perugini claims that the district court erred in finding that the branch profits constituted bonuses rather than commissions. Perugini argues that because she was contractually entitled to the branch profits, they cannot be considered bonuses. Reliance counters that Perugini’s employment agreement with Homestead characterized the branch profit payments as bonuses, and therefore, Peru-gini should be bound by the terms of that agreement. The district court found that the branch profits were correctly classified as bonuses, and we agree.

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287 F.3d 624, 27 Employee Benefits Cas. (BNA) 2434, 2002 U.S. App. LEXIS 7200, 2002 WL 598560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mary-perugini-christen-v-homestead-mortgage-company-and-reliance-standard-ca7-2002.