Rabinak v. United Brotherhood of Carpenters Pension Fund

832 F.3d 750, 2016 U.S. App. LEXIS 14738, 2016 WL 4248377
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 10, 2016
DocketNo. 15-1717
StatusPublished
Cited by15 cases

This text of 832 F.3d 750 (Rabinak v. United Brotherhood of Carpenters Pension Fund) 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
Rabinak v. United Brotherhood of Carpenters Pension Fund, 832 F.3d 750, 2016 U.S. App. LEXIS 14738, 2016 WL 4248377 (7th Cir. 2016).

Opinion

WILLIAMS, Circuit Judge.

When William Rabinak retired and received the calculation of his pension benefit, he thought something was off. The annual salaries listed did not appear to take into account quarterly payments of $2,500 he received for serving on his organization’s Executive Board, so he appealed and maintained those payments should have been counted. The pension fund appeals committee denied his appeal. Controlled as we are by a standard of review that asks only whether the decision was arbitrary and capricious, we affirm the denial. The plan’s definition of compensation includes only “salary,” and the $2,500 quarterly payments for Board service were paid separately from Rabinak’s weekly salary payments and coded differently as well. The conclusion that the payments at issue were not salary payments under this particular plan was not arbitrary and capricious.

I. BACKGROUND

William Rabinak worked full-time as a business representative for the Chicago Regional Council of Carpenters. By virtue of his position, he also served on the Council’s Executive Board. Rabinak received quarterly payments of $2,500 for his service on the Board. The Council made these quarterly payments in checks separate from those for Rabinak’s weekly salary.

When he retired, Rabinak qualified for a pension from the United Brotherhood of Carpenters Pension Fund, an employee benefit plan governed by ERISA. After receiving a letter detailing his annual retirement benefit, Rabinak noticed that the compensation amount upon which the Fund calculated his annual retirement benefit did not include approximately $10,000 he had received each year from the Council, with the result that his retirement payments would be lower than he thought they should be. Rabinak surmised that the Fund had not counted the $10,000 per year he received by virtue of his service on the Executive Board.

Rabinak appealed the Fund’s calculation of his annual benefit to the Fund’s appeals committee, and he argued that the Executive Board payments were “Compensation” under the plan because his service on the Board was required as part of his job duties. The Fund’s plan administrator responded in a memorandum to the appeals committee that the Council had informed her it does not make contributions to the Fund for “Executive Committee wages.” The plan administrator also included a letter from the Council’s legal counsel, who took the position that the payment for Executive Board service was a “stipend,” not a wage payment, and was therefore properly not included in the plan’s definition of “Compensation.”

The fund appeals committee, made up of a subcommittee of the fund’s Board of [753]*753Trustees, denied Rabinak’s appeal. It wrote to Rabinak that the specific reason for denial was:

The stipends received from the Regional Council of Carpenters for being on the Executive Committee are not included as Compensation for purposes of calculating Final Compensation.

Rabinak filed suit under 29 U.S.C. § 1132(a)(1)(B) seeking to recover pension benefits he maintains are due to him. The district court granted the Fund’s motion for summary judgment, and Rabinak appeals.

II. ANALYSIS

- We review de novo the district court’s decision to grant summary judgment to the Fund, and as we do so we view all facts and draw all reasonable inferences in Rabinak’s favor. Cerentano v. UMWA Health and Ret. Funds, 735 F.3d 976, 981 (7th Cir. 2013). When, as here, an ERISA plan explicitly gives the plan administrator discretion to interpret the terms of the plan, our review of a denial of benefits asks only whether the plan administrator’s decision was arbitrary and capricious. See id.) see also Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 111, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989) (“A trustee may be given power to construe disputed or doubtful terms, and in such circumstances the trustee’s interpretation will not be disturbed if reasonable.”).

Under the terms of the plan at issue, a participant’s monthly pension payment is based upon his “Final Compensation,” which the plan defines by a calculation based on his “Compensation.” In the definition critical for our case, the plan defines “Compensation” as “all salary” but does not include “overtime, or fees or expenses paid or reimbursed.” The plan also provides that “Compensation” does not include “the value of employee benefits or other non-wage payments, even if such payments are considered income for tax purposes.” Rabinak argues that the Plan’s determination that the payments for his service on the Executive Board were not “Compensation” was arbitrary and capricious, and he emphasizes that his service on the Board was part of his job duties.

That our standard of review demands that we ask only whether the denial decision was arbitrary and capricious is critical here. Under this deferential standard of review, we must uphold the decision so “long as (1) it is possible to offer a reasoned explanation, based on the evidence, for a particular outcome, (2) the decision is based on a reasonable explanation of relevant plan documents, or (3) the administrator has based its decision on a consideration of the relevant factors that encompass the important aspects of the problem.” Holmstrom v. Metro. Life Ins. Co., 615 F.3d 758, 766 (7th Cir. 2010).

By the terms of the plan, the Executive Board payments are only included in Compensation if they are “salary.” But as the Fund emphasizes, the Council paid Rabi-nak his annual salary on a weekly basis. The Executive Board payments were not included in those checks. Rather, the Executive Board money was paid out quarterly, and in checks separate from the weekly payments. The Council also coded the two payments differently in its payroll system — “EBOAR” for the Executive Board payments, and “SALAR” for the others. The Fund submits that, in light of these facts, a conclusion that the Board payments were not salary payments was a reasonable one based on the evidence.

In addition to arguing that the quarterly payments were not salary, the Fund argues that the Trustees could also have excluded the Board payments from “Compensation” on the basis that they were reimbursements for fees ahd expenses incurred for service on the Executive Board. [754]*754While the plan does explicitly exclude from the “Compensation” definition “fees or expenses paid or reimbursed,” we have several concerns with this line of argument. Most importantly, there is no evidence at all in the administrative record that these payments represented reimbursements for expenses, nor is there any evidence about the board meetings or any associated expenses. Indeed, one wonders what expenses could be incurred that would rise to the level of $10,000 a year in personal expenses for meetings of the Chicago Regional Council of Carpenters Executive Board. The Fund also only raised this argument for the first time before the district court, leaving Rabinak without the opportunity to respond to it by introducing evidence into the administrative record refuting the contention that the payments represented reimbursement for expenses.

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832 F.3d 750, 2016 U.S. App. LEXIS 14738, 2016 WL 4248377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rabinak-v-united-brotherhood-of-carpenters-pension-fund-ca7-2016.