Pratt v. Petroleum Production Management, Inc. Employee Savings Plan & Trust

920 F.2d 651
CourtCourt of Appeals for the Tenth Circuit
DecidedNovember 29, 1990
DocketNo. 88-2190
StatusPublished
Cited by8 cases

This text of 920 F.2d 651 (Pratt v. Petroleum Production Management, Inc. Employee Savings Plan & Trust) 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.

Bluebook
Pratt v. Petroleum Production Management, Inc. Employee Savings Plan & Trust, 920 F.2d 651 (10th Cir. 1990).

Opinion

BALDOCK, Circuit Judge.

Plaintiff-appellee Clair B. Pratt brought this action against his employer’s Employee Retirement Income Security Act (ERISA) pension plan, the plan’s administrator (the corporate employer), and the plan’s two trustees, alleging that the defendants used an improper valuation date when assessing the value of his vested interest in the Employer Contribution Account funded by employer securities.1 Plaintiff sought judgment on three ERISA claims: 1) breach of contract against the plan, 29 U.S.C. § 1132(a)(1)(B), 2) breach of fiduciary duty by the three plan fiduciaries (the corporate administrator and individual trustees), 29 U.S.C. §§ 1109 & 1132(a)(2), and 3) attorney’s fees against all defendants, 29 U.S.C. § 1132(g)(1). See rec. vol. II, doc. 16 at 12-14.

I.

Plaintiff was terminated from his employment with the defendant company on February 28, 1986 due to a reduction in force. Under the terms of the plan, when he was terminated he was entitled to receive a “distribution of his vested interest in his Employer Contribution Account valued as of the Valuation Date next preceding the date of his separation from service.” Plan § 7.5, rec. vol. II, doc. 16, ex. A. The “Valuation Date” is defined as “the date on which the Trust Fund shall be valued and Accounts adjusted accordingly, which date shall be the last day of each Plan Year with respect to Employer securities and the last day of each month with respect to all other securities.” Id. § 2.24. In turn, the “Plan Year” is defined as “the 12 month period beginning on October 1 and ending on September 30 of each year.” Id. § 2.18(c).

Plaintiff separated from his employment on February 28, 1986. For the employer securities at issue, the valuation date next preceding plaintiff’s separation was September 30, 1985, the last day of the plan year. On the valuation date of September 30, 1985, plaintiff’s share in employer securities totaled $27,692.32. Between the valuation date and plaintiff’s separation, however, the value of the plan’s employer securities declined markedly. This resulted in several actions by the defendants.

[653]*653First, on April 25, 1986, some eight weeks after plaintiffs separation, the plan was amended (retroactive to October 1, 1985) to include provisions which redefined the “Valuation Date” to “include any date that an Interim Evaluation Accounts is performed in accordance with [new] section 6.11.” Amended Plan § 2.24, rec. vol. I, doc. 14, ex. 1 (amend, no. 1), infra n. 13. New § 6.11, which lacked a counterpart in the original plan, allowed for interim valuation when “necessary to account for a material change in the fair market value of the Fund.” Amended Plan § 6.11, rec. vol. 1. doc. 14, ex. 1 (amend, no. 1), infra n. 12. Second, defendants ordered an interim valuation of the plan assets as of January 31, 1986, and determined that plaintiffs share in employer securities totaled $7,184.37, not $27,692.32. Defendants now claim Plan § 11.8,2 constitutes authority for the revaluation. Third, on November 26, 1986, the defendants formally denied the plaintiff’s request for valuation in accordance with the original plan, expressly relying upon amended § 2.24 and new § 6.11 and claiming that these provisions were “in force for the year of ... termination.”

The parties filed cross-motions for summary judgment. After a hearing,3 the district court determined that the relevant plan provisions in effect at the date of plaintiffs separation were unambiguous and clearly resulted in a valuation date of September 30, 1985. The court rejected defendants’ contention that Plan § 11.8 allowed an interim valuation date and adjustment of the accounts. Attaching significance to defendants’ failure to cite § 11.8 when denying benefits, the court noted that § 2.24 defining “Valuation Date” did not reference § 11.8 and concluded that the more-specific language of § 7.5 controlled. The court decided that, while various Plan amendments might allow interim valuation, such amendments should not be applied retroactively because to do so would violate ERISA § 204(g)(1) which provides that “the accrued benefit of a participant under a plan may not be decreased by an amendment of the plan.” 29 U.S.C. § 1054(g)(1).4

The district court also decided that the defendant trustees had breached their fiduciary duty in applying the plan amendments retroactively to the plaintiff and revaluing his interest in the employer securities. According to the court, the defendants’ actions “were arbitrary, capricious or based upon a mistake of law.” Finally, plaintiff was awarded attorney’s fees and costs apparently based upon the factors in Gordon v. United States Steel Corp., 724 F.2d 106, 109 (10th Cir.1983). The same day as the memorandum and order was entered, the district court entered a judgment granting plaintiff’s motion for summary judgment and awarding “costs and attorney fees as detailed in [the] order.”

II.

Before addressing the merits of the appeal, we must settle a few matters pertaining to our jurisdiction.5 The notice of the appeal in this case provided:

[654]*654Clair B. Pratt,
Plaintiff,
vs.
Petroleum Production Management, Inc.,
Employee Savings Plan and Trust, et al, Defendants.
Notice is hereby given that Petroleum Production Management, Inc., Employee Savings Plan and Trust et al., defendants above named, hereby appeal....

Fed.R.App.P. 3(c) requires that the notice of appeal “shall specify the party or parties taking the appeal.” In Torres v. Oakland Scavenger Co., 487 U.S. 312, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988), the Supreme Court affirmed a Ninth Circuit holding that “ ‘[ujnless a party is named in the notice of appeal, the appellate court does not have jurisdiction over him.’ ” Id. at 314, 108 S.Ct. at 2407 (quoting unreported decision). “The failure to name a party in a notice of appeal ... constitutes a failure of that party to appeal.” Id. The Court specifically rejected the argument “that the use of ‘et al.’ in the notice of appeal [is] sufficient to indicate [a party’s] intention to appeal.” Id. at 317, 108 S.Ct. at 2409. “The specificity requirement of Rule 3(c) is met only by some designation that gives fair notice of the specific individual or entity seeking to appeal.” Id. at 318, 108 S.Ct. at 2409.

Torres requires “strict compliance” with the naming requirement of Rule 3(c) because the filing of a proper notice of appeal is mandatory and jurisdictional. Woosley v. Concorde Resources (In Re Woosley),

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920 F.2d 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pratt-v-petroleum-production-management-inc-employee-savings-plan-ca10-1990.