Nancy Millensifer v. Retirement Plan for Salaried Employees of Cotter Corporation

968 F.2d 1005, 15 Employee Benefits Cas. (BNA) 2082, 1992 U.S. App. LEXIS 14657, 1992 WL 143296
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 26, 1992
Docket90-1304
StatusPublished
Cited by9 cases

This text of 968 F.2d 1005 (Nancy Millensifer v. Retirement Plan for Salaried Employees of Cotter Corporation) 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.

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Nancy Millensifer v. Retirement Plan for Salaried Employees of Cotter Corporation, 968 F.2d 1005, 15 Employee Benefits Cas. (BNA) 2082, 1992 U.S. App. LEXIS 14657, 1992 WL 143296 (10th Cir. 1992).

Opinion

LOGAN, Circuit Judge.

Plaintiff Nancy Millensifer brought an action against the defendant Retirement Plan for Salaried Employees of Cotter Corporation (Plan) under 29 U.S.C. § 1132 to recover benefits she alleged were due her as widow and beneficiary of Plan participant Dale Lesher. The district court concluded that Lesher “did not meet the required conditions for retirement benefits under the Plan,” I R. tab 12, at 11, and therefore granted defendant’s motion for summary judgment. Plaintiff appeals.

I

Dale Lesher was married to plaintiff Nancy Millensifer from 1953 until his death in 1983. Lesher, an employee of Cotter Corporation and a participant in the Plan, after working for Cotter for over twenty-four years, became seriously ill in 1982 and could no longer work. Lesher received his full salary of $3,332 per month from Cotter from August 25, 1982, until June 13, 1983, in compensation for accumulated sick pay and vacation. Lesher became eligible for permanent disability retirement benefits under the Plan in February 1983. But Lesher did not retire. After June 13, he became eligible for and received social security disability benefits and insurance payments under a Prudential long-term disability policy that Cotter maintained for its employees. After deducting Lesher’s social security benefits, the insurance payments were $1,692.40 each month until he died on September 20, 1983.

Plaintiff argues that Lesher’s choice not to retire was based on incorrect information provided by Cotter officials; that these officials told Lesher he was not entitled to disability retirement under the Plan until and unless he reached age fifty-five. Defendant asserts that “to the extent Le-sher’s rights were explained to him by a representative of the Plan, he was told that he would be entitled to disability retirement before attaining age 55, but that if he took disability retirement, his wife would not be *1007 entitled to receive a joint or survivor annuity after his death.” Appellee’s Brief at 14; see also I R. tab 8, ¶¶ 3-6.

Upon Lesher’s death at age fifty-four, plaintiff received a death-benefit payment pursuant to Cotter’s group life insurance policy under the Plan. Cotter notified plaintiff that although Lesher had no other legal entitlement under the Plan at his death, the corporation had authorized a pension, on a joint and survivor basis, in the amount to which Lesher would have been entitled if he had lived to age fifty-five and retired. The pension of $201 per month would be paid to plaintiff until she died or remarried. These payments were made until October 1988, when Cotter became aware that plaintiff had remarried.

In January 1989, plaintiff’s attorney wrote a letter asking for a determination of any rights of plaintiff under the Plan. The letter asserted that Lesher should have been declared disabled under the Plan by June 1983, thereby entitling Lesher to $416 per month for life, and after Lesher’s death entitling plaintiff to $277 per month for life. The letter asserted that “Lesher was prevented from applying for a determination of permanent disability by express or implied representations of management to the effect that he would not be entitled to anything under the Plan until he reached the age of 55.” I R. tab 6, att. A. The letter demanded an explanation of why benefits were not due, or an acknowledgement that benefits were due and agreement to make back due and continuing payments until plaintiff’s death.

Cotter’s response explained that Lesher chose not to take disability retirement, and thus was not eligible for disability benefits under the Plan. Further, the letter stated that even if Lesher had chosen disability retirement, plaintiff would not have received benefits after Lesher’s death because the Plan did not provide for a joint and survivor annuity under disability retirement.

Plaintiff filed suit in federal court seeking disability retirement benefits for Le-sher from February 25, 1983, until his death on September 20, 1983, and $250 per month as a joint and survivor annuity from the date of Lesher’s death for the remainder of plaintiff’s lifetime.' In ruling on cross-motions for summary judgment, the district court found as follows:

Because Mr..Lesher did not retire and did not attain the age of 55, as a matter of law he was not entitled to retirement benefits under any part of the Plan other than Section 2.5(B). In order to receive the benefits Plaintiff is seeking under Sections 2.3, 2.4, 2.2(B), and 2.6 (Option 2), Mr. Lesher would have had to retire and attain the age of 55. (See Section 2.3-Early Retirement and Retirement Income). Because Mr. Lesher did not meet the required conditions for retirement benefits under the Plan, the Court need not reach the issues presented by the Plaintiff regarding Cotter’s alleged actions to influence Mr. Lesher’s election of benefits. Even if Cotter had misled him, Mr. Lesher could not have received benefits under any Section of the Plan other than Section 2.5(B) without retiring and reaching the age of 55. He chose not to retire and, tragically, he only attained the age of 54 years and 7 months.

I R. tab 12, at 10-11. The district court thus granted defendant’s motion for summary judgment, precipitating plaintiff’s appeal.

II

On appeal from a summary judgment order, “we will affirm if we determine that, viewing the facts in the light most favorable to the opposing party, there is no genuine issue of material fact in dispute and the moving party should prevail as a matter of law.” Woolsey v. Marion Lab., Inc., 934 F.2d 1452, 1456 (10th Cir.1991). Furthermore, we may affirm the district court on “dispositive, indisputable, alternative grounds” in the record and raised on appeal. Colorado Property Acquisitions, Inc. v. United States, 894 F.2d 1173, 1175 n. 5 (10th Cir.1990); see also Lindsey v. Dayton-Hudson Corp., 592 F.2d 1118, 1124 (10th Cir.) (affirming summary judgment when facts were sufficiently clear to permit a determination), cert. denied, 444 *1008 U.S. 856, 100 S.Ct. 116, 62 L.Ed.2d 75 (1979).

Plaintiff asserts that absent defendant’s misrepresentations, Lesher would have retired under the Plan’s disability retirement and would have chosen a joint and survivor annuity option. Plaintiff argues that because of the misrepresentations the Plan is estopped from relying on Lesher’s failure to retire and apply for benefits. Defendant counters that this factual dispute is immaterial because even had Lesher applied for disability retirement benefits the Plan did not provide for a joint and survivor annuity under the disability retirement option. We consider this defense, which also requires us to review the retirement committee’s interpretation of the Plan.

The Plan contains several provisions that address retirement benefits and payment options.

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968 F.2d 1005, 15 Employee Benefits Cas. (BNA) 2082, 1992 U.S. App. LEXIS 14657, 1992 WL 143296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nancy-millensifer-v-retirement-plan-for-salaried-employees-of-cotter-ca10-1992.