Morris v. National Football League Retirement Board

833 F. Supp. 2d 1374, 51 Employee Benefits Cas. (BNA) 1161, 2011 U.S. Dist. LEXIS 69379, 2011 WL 2580782
CourtDistrict Court, S.D. Florida
DecidedJune 29, 2011
DocketCase No. 10-22750-Civ
StatusPublished

This text of 833 F. Supp. 2d 1374 (Morris v. National Football League Retirement Board) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morris v. National Football League Retirement Board, 833 F. Supp. 2d 1374, 51 Employee Benefits Cas. (BNA) 1161, 2011 U.S. Dist. LEXIS 69379, 2011 WL 2580782 (S.D. Fla. 2011).

Opinion

OMNIBUS ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

MARCIA G. COOKE, District Judge.

THIS MATTER is before me on the Plaintiffs Motion for Summary Judgment (ECF No. 22) and Defendant’s Motion for Summary Judgment (ECF No. 29). I have reviewed the arguments, the record, and the relevant legal authorities. For the reasons provided in this Order, summary judgment is granted in favor of Defendant.

I. Background

This is an action to recover benefits under the terms of a retirement plan pursuant to 29 U.S.C. § 1132(a)(1)(B) of the Employee Retirement Income Security Act of 1974 (“ERISA”). Plaintiff, Eugene “Mercury” Morris, is a former National Football League (“NFL”) player. Defendant is the NFL Retirement Board (the “Retirement Board” or “Board”), which manages claims under the Bert Bell/Pete Rozelle NFL Player Retirement Plan (the “Plan”).1

The Retirement Plan

The parties agree on the material facts in this case.2 Mr. Morris is a participant of the Plan. Mr. Morris played eight credited seasons — as the Plan defines that term^ — of NFL football from 1969 to 1976. The version of the Plan in effect in 1978 and 1980,3 contain three articles at issue: Article 4 governs benefits upon normal, early, and deferred retirement; Article 5 governs total and permanent disability benefits; Article 6 governs line-of-duty disability benefits.

Section 4.6, the main provision at issue, states, in relevant part:

Any Vested Player who leaves football on or after March 1, 1977, may request, [1377]*1377by written notice to the Retirement Board, an “Early Payment Benefit” as defined below. Said request will be acted upon by a committee of the Retirement Board consisting exclusively of the voting members appointed by the [NFL Players Association]. After appropriate communication with the Vested Player, if such committee determined in its sole and absolute discretion, that such distribution would be in the Vested Player’s best interest, then such distribution will be made. An Early Payment Benefit shall be payable to such Vested Player in a lump sum and shall be an amount equal to the present value of 25% of his Benefit Credits as of the date of payment to the Player.... The remaining 75% of the then present value of his earned Benefit Credits will be payable in monthly installments beginning at age 55 unless such Player elects to receive the remaining 75% in the form of a reduced early retirement benefit beginning at (or after) age 45 or an increased deferred retirement benefit no later than age 65. In the event that a benefit subsequently becomes payable with respect to such Player in accordance with Section 5.1, 5.4, 6.3 or 7.3 ... then the amount of such benefits shall be determined as follows:
(A) If the Player makes application for the Early Payment Benefit on or before March 31, 1982, the amount of any benefit payable in accordance with Section 5.1, 5.4, 6.3 or 7.3 shall not be adjusted to reflect the distribution of the Early Payment Benefit.

On January 30, 1979, at the Retirement Board’s regular meeting, the Board discussed “the inclusion of players in the Early Retirement Payment section who reported in the 1976 training season and who then left football.” (Minutes of Retirement Board Meeting, January 30,1979, ECF No. 31-2, at 2). The Board noted that “the inclusion of the players who reported for football in the 1976 training camp could add 154 more players eligible for retirement benefits.” Id. The Board decided to conduct a study of the matter.

On June 13, 1979, the Retirement Board adopted the following resolution concerning Section 4.6:

With respect to the Early Payment provision, after discussion the following resolutions were suggested:
RESOLVED FURTHER, that vested players following the 1976 season who leave football after the 1976 season, may request by written application in the form required by the Retirement Board, consideration for an Early Payment benefit. If all three conditions are satisfied, following a further determination by a committee of the Retirement Board consisting exclusively of the voting members appointed by the NFLPA that such distribution is in the best interest of the applicant, the Early Payment benefit will be paid in accordance with the Plan. In respect to players who actually leave football after the 1976 season on a permanent basis, for administrative purposes the date of receipt by the Fund Administrator of the signed written application to this effect will determine the date the applicant left football.
Upon motion ... the foregoing resolutions were unanimously adopted.

(Minutes of Retirement Board Meeting, June 13,1979, ECF No. 31-3).

Mr. Morris’s Applications for Benefits and Earlier Litigation

On December 10, 1979, Mr. Morris executed an “Application for Early Payment Benefits (25% Lump Sum)” to receive an Early Payment Benefit (“EPB”) under the [1378]*1378Plan. (ECF No. 31-4). In the form, Mr. Morris confirmed, “I have left football permanently and do not expect to return, and hereby apply for my Early Payment benefit.” (Id.) On March 26, 1980, at the NFL Retirement Board’s regular meeting, the Board approved Mr. Morris’s application for an EPB in the amount of $7,609.01. (Minutes of Retirement Board Meeting, March 26, 1980, ECF No. 31-5). On March 31, 1980, the Retirement Board notified Mr. Morris that the Board approved his application for an EPB. (ECF No. 31-6). The letter clarified:

You will be paid a lump sum equal to 25% of the present value or worth of your Benefit Credits as of March 31, 1980. The remaining 75% of your Benefit Credits will be paid monthly when you retire on an early, normal or deferred pension.

(Id.) Mr. Morris admits he received the $7,609.01 lump sum EPB on April 1, 1980.

On January 14, 1991, Mr. Morris entered into a Settlement Agreement and Specific Release (the “Settlement Agreement” or “Agreement”) with the Board to settle his line-of-duty and permanent disability benefits claims under Articles 5 and 6 of the Plan. Section 9 of the Agreement provides:

Morris’ Retirement Benefits. Nothing set forth herein shall waive, diminish, alter or modify Morris’ right to receive full and appropriate retirement benefits under the Bert Bell NFL Player Retirement Plan or any amendments thereto, and no payment herein shall diminish Morris’ entitlement to full and appropriate entitlement to retirement benefits under the Bert Bell Plan.

In November 25, 1995, Mr. Morris filed suit in this Court before the Honorable K. Michael Moore, seeking a declaration of his rights under the Settlement Agreement. See Order Granting Motion to Dismiss, Morris v. Bert Bell NFL Ret. Plan, No. 96-03379 (S.D.Fla. Jun. 26, 1997), ECF No. 27. He alleged that the Board refused to pay retirement benefits to him on the ground that he waived his rights under the Agreement. Id. at 1. Judge Moore dismissed Mr. Morris’s claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure

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Bluebook (online)
833 F. Supp. 2d 1374, 51 Employee Benefits Cas. (BNA) 1161, 2011 U.S. Dist. LEXIS 69379, 2011 WL 2580782, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morris-v-national-football-league-retirement-board-flsd-2011.