Robert Fallin v. Commonwealth Industries, Inc.

695 F.3d 512, 55 Employee Benefits Cas. (BNA) 1080, 2012 U.S. App. LEXIS 17852, 2012 WL 3608517
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 23, 2012
Docket09-5139
StatusPublished
Cited by17 cases

This text of 695 F.3d 512 (Robert Fallin v. Commonwealth Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Fallin v. Commonwealth Industries, Inc., 695 F.3d 512, 55 Employee Benefits Cas. (BNA) 1080, 2012 U.S. App. LEXIS 17852, 2012 WL 3608517 (6th Cir. 2012).

Opinion

OPINION

KETHLEDGE, Circuit Judge.

Plaintiffs are retirees who received benefits under Commonwealth Industries’ pension plan. They allege that the Plan underpaid them, in violation of the Employee Retirement Income Security Act, when it did not include a subsidy for early retirement in its benefit calculations. In separate orders, the district court first dismissed the claims of all but one plaintiff on limitations grounds, and later granted summary judgment to the defendants on the claims of the remaining plaintiff, Donald Corley. We affirm the first order and vacate the second.

I.

Until 1998, Commonwealth had a traditional defined-benefit pension plan. The Plan allowed employees to retire early once they had completed five years of service and reached age 55. Employees taking that option would receive subsidized benefits: monthly payments beginning immediately that were nearly as large as (and, in the case of those age 62-65, the same as) those they would have received if they were 65.

By 1998, all nine plaintiffs had performed five years of service, but none had reached age 55. That year, Commonwealth converted its plan into a cash-balance plan, which replaced defined-pension benefits with hypothetical individual accounts. The initial balance of each account was the value of the benefits the participant had accrued. Plaintiffs allege, however, that the Plan failed to give, them the full value of their accrued benefits. Specifically, they say the Plan did not give them credit for the value of the preamendment early-retirement subsidy, which they allege was more generous than the one that replaced it.

After the conversion, Plaintiffs retired, electing to take their benefits in the form of single lump-sum payments. Plaintiff Corley received his payment on March 1, 2002, when he was age 55. Less than five years later, Corley filed an administrative claim to challenge the amount of the payment. The other eight plaintiffs each filed similar claims more than five years after receipt of their payments. Plaintiffs lost their administrative appeals and sued under 29 U.S.C. § 1132(a)(1)(B), alleging that ERISA’s terms, which the Plan incorporated, entitled them to additional benefits.

The district court dismissed eight of the plaintiffs’ claims, finding them time-barred. It found Corley’s claim timely, but rejected the claim on the merits. The court reasoned that, as of 1998, Corley was not yet entitled to his early-retirement subsidy because he was then not yet 55. Thus, the court held, the early-retirement benefit had not accrued yet, and the Plan amendment did not reduce any accrued benefit.

*515 II.

A.

Plaintiffs argue that the district court erred in holding that the statute of limitations barred the claims of eight plaintiffs under § 1132(a)(1)(B). In doing so, the court applied what it thought was “the most analogous state law statute of limitations.” Redmon v. Sud-Chemie Inc. Retirement Plan for Union Employees, 547 F.3d 531, 534 (6th Cir.2008) (internal quotation marks and citations omitted). We review its decision de novo. Id.

The district court held that the closest analog here was Kentucky Revised Statutes § 413.120(2), which provides a five-year limitations period for “[a]n action upon a liability created by statute, when no other time is fixed by the statute creating the liability.” Thus, in order to be timely, Plaintiffs’ causes of actions must have accrued within five years of when they filed suit (unless they were entitled to tolling). An ERISA cause of action accrues “when a fiduciary gives a claimant clear and unequivocal repudiation of benefits.” Redmon, 547 F.3d at 538 (internal quotation marks omitted). The district court held that the Plan’s payment of a single lump sum represented the Plan’s determination of all the benefits that each plaintiff was entitled to receive, and thus unequivocally repudiated any claim to additional benefits. Those payments occurred more than five years before eight of the plaintiffs began the administrative process, so the district court held that their claims were time-barred.

In Redmon, our court expressly adopted the reasoning and holding of the district court in this very case. See 547 F.3d at 536-38. And the claims here are indistinguishable from those in Redmon. There, we held that, when a plaintiff seeks “benefits under the plan” and those claims depend on “alleged violations of ERISA’s statutory protections,” Kentucky’s five-year limitations period applies. Id. at 537. Under Redmon, therefore, the district court was correct to hold that the claims of eight plaintiffs were time-barred.

B.

The district court also held that the claim of the remaining plaintiff, Corley, was timely. The court reasoned that the claim was equitably tolled while he pursued administrative remedies. Corley received his lump-sum payment roughly five years and one month before he filed suit, but he spent more than two months of that time pursuing administrative remedies. The district court held that Kentucky would permit tolling while a plaintiff exhausts his administrative remedies, so long as he begins the administrative process within the statute of limitations. In Redmon, our court endorsed this aspect of the district court’s holding. Id. at 539 n. 9. We do so again here. Common sense suggests that we should encourage plaintiffs to pursue their administrative remedies before coming to court with the dispute—and indeed we sometimes require them to do so. See, e.g., Hill v. Blue Cross and Blue Shield of Mich., 409 F.3d 710, 717 (6th Cir.2005). Moreover, Kentucky courts routinely allow tolling while plaintiffs exhaust their administrative remedies. See, e.g., Tyler v. Taylor, 128 S.W.3d 495, 497 (Ky.Ct.App.2004) (limitations period tolled while inmate pursues grievance procedures). The district court was therefore correct to hold that Corley’s claim was not time-barred.

III.

Turning to the merits, Corley argues that the current Plan language, inde *516 pendent of any ERISA requirements, entitles him to the value of his pre-amendment early-retirement subsidy. The Plan provides a default early-retirement benefit equal to “the amount of the Normal Retirement Benefit ... reduced by 5/12 of 1% for each month” that the participant is younger than 62. The benefit cannot “be less than the Actuarial Equivalent of the Participant’s Accrued Benefit.” The Plan defines “Accrued Benefit” as “[t]he benefit to which the Participant would be entitled under the Normal Form commencing at age 65 and computed under the provisions of Section 4.1[,]” which defines the Normal Retirement Benefit.

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Bluebook (online)
695 F.3d 512, 55 Employee Benefits Cas. (BNA) 1080, 2012 U.S. App. LEXIS 17852, 2012 WL 3608517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-fallin-v-commonwealth-industries-inc-ca6-2012.