Milgram v. Orthopedic Associates Defined Contribution Pension Plan

666 F.3d 68
CourtCourt of Appeals for the Second Circuit
DecidedNovember 29, 2011
DocketDocket Nos. 10-1862-cv (L), 10-1893 (CON)
StatusPublished
Cited by13 cases

This text of 666 F.3d 68 (Milgram v. Orthopedic Associates Defined Contribution Pension Plan) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Milgram v. Orthopedic Associates Defined Contribution Pension Plan, 666 F.3d 68 (2d Cir. 2011).

Opinion

GERARD E. LYNCH, Circuit Judge:

This appeal requires us to consider what limitations, if any, the Employee Retire[70]*70ment Income Security Act (“ERISA”) imposes on the enforceability of a judgment rendered against pension plan assets under Section 502(a)(1) of that statute, 29 U.S.C. § 1132(a)(1). Plaintiff Robert Mil-gram seeks to recover approximately $1.5 million in pension assets and accrued earnings and interest from The Orthopedic Associates Defined Contribution Pension Plan (“the Plan”), which in 1996 erroneously transferred half the balance of Mil-gram’s pension account to his ex-wife, No-rah Breen. Following a bench trial in 2006, the United States District Court for the Northern District of New York (Gary L. Sharpe, Judge) granted Milgram judgment against the Plan in that amount and granted the Plan an equivalent judgment against Breen. The Plan now challenges the enforceability of the judgment against it on the ground that requiring its payment before the Plan has fully recovered from Breen would violate ERISA’s anti-alienation provision, ERISA § 206(d)(1), 29 U.S.C. § 1056(d)(1), as well as other provisions of federal and state law. The Plan also argues that the district court erred in interpreting the plan document to afford compensation to Milgram for the lost use of his funds during the fifteen year period since the erroneous distribution.

As the majority of the Plan’s claims assert legal errors in the district court’s judgment, unless otherwise noted our standard of review is de novo. See Hobson v. Metro. Life Ins. Co., 574 F.3d 75, 82 (2d Cir.2009). Applying the appropriate standards of review, we find the Plan’s arguments to be without merit. Accordingly, we affirm the judgment of the district court.

BACKGROUND

Until he retired from the practice of medicine in 1991, Milgram worked as an orthopedic surgeon affiliated with the medical group Orthopedic Associates of 65 Pennsylvania Avenue, Binghamton, New York, P.C. (“Orthopedic”). By virtue of his membership in the group, Milgram became the beneficiary of two separate ERISA-governed pension plans. One was a defined contribution plan, the proceeds of which are at issue in this litigation (“the Plan” or “the MPP”); the other was a profit-sharing plan (“the PSP”). Under both plans, Orthopedic itself was formally designated as plan administrator. In practice, however, Orthopedic employed an outside entity on a contract basis to provide day-to-day administrative services. During the period relevant to this lawsuit, those services were provided by the Bay Ridge Group, which was headed by Robert Sedor.

In 1996 Milgram and his wife, Norah Breen, divorced. Their divorce settlement entitled Breen to half the balance in Mil-gram’s PSP fund (a share valued at $326,082 at the time of the settlement) and a fixed sum of $47,358 from Milgram’s MPP account plus accumulated earnings. Due to a clerical error, however, Bay Ridge transferred half of both accounts to a separate account created in Breen’s name. This resulted in Breen’s receiving $763,847.93 more than she was entitled to receive under the settlement.

Milgram did not discover the error immediately. Shortly after the accounts were segregated, he terminated his membership in the plans and rolled the remaining balances over to an Individual Retirement Account. Breen withdrew the balance of her account in September 1998. It was only in June of 1999 that Milgram, at his lawyer’s insistence, reviewed his plan account statements and discovered the overpayment to Breen. By that time, none of the erroneously transferred funds remained in the Plan. In October 1999 Orthopedic, acting as plan administrator, demanded that Breen give back the excess distribution. When she refused, Orthope[71]*71die sued Bay Ridge, Sedor, and Breen to recoup the overpayment. Two years of litigation failed to result in a settlement or a dispositive ruling by the district court. As a result, Milgram, who still had not recovered his money, sued Orthopedic, the Plan, the trustees, Sedor, Bay Ridge, and Breen asserting both contract and fiduciary duty claims under ERISA § 502(a)(1)-(3), 29 U.S.C. § 1132(a)(l)-(3).

The district court consolidated the two cases and discovery proceeded for several years thereafter. In October of 2005, Mil-gram moved for partial summary judgment against Orthopedic and the Plan, relying on a theory of contractual liability under ERISA § 502(a)(1), 29 U.S.C. § 1132(a)(1). He sought a judgment for both the principal amount that was erroneously transferred to Breen and for accumulated earnings. The Plan opposed the motion, arguing, as relevant here, that the requested relief would be inconsistent with the policies of ERISA, because an award against the Plan before it had recovered from Breen would impair the interests of other Plan members. While Milgram’s motion for summary judgment against the Plan was pending, Orthopedic moved for summary judgment against Breen.

In March 2006, soon after both motions were fully briefed, the district court announced that it would postpone decision and instead hold a bench trial on Mil-gram’s equitable claims. On the first day of trial, however, the judge announced that he would grant Milgram’s motion for partial summary judgment against the Plan in the principal amount. Though no summary judgment order had yet been entered, Milgram relinquished his equitable claims against the other defendants, believing, with good reason, that he had prevailed on his contract claim.1 After these actions, the only issues remaining for trial were Breen’s equitable defenses; whether Sedor was a fiduciary such that he could be held liable to the Plan and/or Orthopedic; and whether Milgram was entitled to accumulated earnings and interest on the principal amount of the judgment.

The trial took place over several days in the summer of 2006. Shortly after it concluded, the district court executed an order — the text of which was prepared jointly by attorneys for Milgram and Orthopedic — granting Milgram summary judgment against the Plan in the principal amount that was erroneously transferred to Breen ($763,847.93). The court reserved decision as to whether Milgram was also entitled to accumulated earnings and interest. In December 2006, Milgram moved to enforce the $763,847.93 judgment. The Plan opposed the motion, for the first time arguing that payment of the judgment would violate a specific ERISA provision — the statute’s prohibition on alienation of pension plan benefits. See ERISA § 206(d)(1), 29 U.S.C. § 1056(d)(1).

The district court did not act on the motion until March 2010, at which time it issued the written opinion that is the subject of this appeal. The district court held that Milgram was entitled to recover accumulated earnings and interest, as well as the principal amount of his loss. It also recognized that its 2006 award of partial summary judgment in favor of Milgram had been unenforceable because it had not been certified as final pursuant to Federal [72]

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666 F.3d 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/milgram-v-orthopedic-associates-defined-contribution-pension-plan-ca2-2011.