Robert Johnston v. Dow Employees' Pension Plan

703 F. App'x 397
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 19, 2017
Docket16-2246
StatusUnpublished
Cited by1 cases

This text of 703 F. App'x 397 (Robert Johnston v. Dow Employees' Pension Plan) 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 Johnston v. Dow Employees' Pension Plan, 703 F. App'x 397 (6th Cir. 2017).

Opinions

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff Robert Johnston appeals the district court’s grant of judgment on the administrative record in favor of defendants Dow Employees’ Pension Plan and Dow Chemical Company Retirement Board (collectively, the “board”). Johnston alleges that the board miscalculated his pension benefit by failing to apply the [400]*400unambiguous terms of the pension plan and that the board’s interpretation violates ERISA’s anti-cutback rule. However, because the board’s determinations were not arbitrary or capricious or in violation of the anti-cutback rule, we affirm the denial of Johnston’s claims.

I.

Robert Johnston began working for Dow Chemical in 1980. In March 1996, Johnston was transferred to a newly formed Dow joint venture, Dow DuPont Elastomers (“DDE”). Johnston worked at DDE until June 30, 2005, at which point he was transferred back to Dow. He then worked at Dow until he. took early retirement on September 30,2011.

Johnston is entitled to a pension under the Dow Employee Pension Plan (“Plan”), which is to be offset, to some degree, by the separate pension he receives from his prior work with DDE. The pension benefit provided for under the Plan is an “employee pension benefit plan” subject to the requirements of the Employee Retirement Income Security Act (“ERISA”).

Before Johnston commenced his pension benefit with Dow, he objected to the pension calculation provided by the company. Pursuant to the Plan’s pension-calculation review procedures, Johnston’s claim was reviewed by an “Initial Claims Reviewer,” who denied his claim. After this initial denial, Johnston made further inquiries to the Initial Claims Reviewer, who, after some delay, provided Johnston with answers to his questions.1 The Initial Claims Reviewer also granted Johnston an extension to file an appeal with the Dow Retirement Board, which serves as the “Appeal Administrator” under the Plan. In August 2012, Johnston filed a timely appeal of the Initial Claims Reviewer’s decision.

The Board affirmed the denial of Johnston’s claim. Johnston then appealed that decision to the district court. On the board’s motion for summary judgment on the administrative record, the district court affirmed the board’s decision, finding that it was not arbitrary or capricious. This appeal followed.

II.

We review de novo a challenge to an ERISA plan’s denial of benefits, “unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the [P]lan.” Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115, 109 S.Ct. 948, 103 L.Ed.2d 80 (1989); see also Farhner v. United Transp. Union Discipline Income Prot. Program, 645 F.3d 338, 342 (6th Cir. 2011). Where the plan administrator is given such authority, its decision is reviewed under the “arbitrary and capricious standard.” Firestone, 489 U.S. at 115, 109 S.Ct. 948. We “give fresh review to the district court’s ruling on the administrative record,” but apply the same arbitrary-and-capricious standard as the district court when reviewing the plan administrator’s decision. Godleski v. FirstEnergy Corp., 477 F.3d 403, 405 (6th Cir. 2007). The district court’s, as well as this court’s, review of a plan administrator’s denial of benefits under an ERISA plan is limited to the administrative record that was before the board. Jones v. Metro. Life Ins. Co., 385 F.3d 654, 660 (6th Cir. 2004) (citing Wilkins v. Baptist Healthcare Sys., Inc., 150 F.3d 609, 613 (6th Cir. 1998)).

[401]*401The arbitrary-and-capricious standard of review is “the least demanding form of judicial review of administrative action.” Farhner, 645 F.3d at 842. And although this standard of review is not without some teeth, “it is not all teeth." McClain v. Eaton Corp. Disability Plan, 740 F.3d 1059, 1064 (6th Cir. 2014). Indeed, for “[a]n extremely deferential review[] to be true to its purpose, [it] must actually honor an extreme level of deference to the administrative decision.” Id, (internal quotations omitted). Thus, “[a] decision reviewed according the arbitrary and capricious standard must be upheld if it results from a deliberate principled reasoning process and is supported by substantial .evidence,” Id. at 1064-65 (internal quotations omitted) (quoting Schwalm v. Guardian Life Ins. Co. of Am., 626 F.3d 299, 308 (6th Cir. 2010)). Stated differently, a decision is not arbitrary or capricious if it is “rational in light of the plan’s provisions,” or when it is possible to “offer a reasoned explanation, based on the evidence, for a particular outcome.” Shields v. Reader’s Digest Ass’n, Inc., 331 F.3d 536, 541 (6th Cir. 2003) (quoting Davis v. Ky. Fin. Cos. Ret. Plan., 887 F.2d 689, 693 (6th Cir. 1989)).

Here, Plan § 7.1 grants discretionary authority to Dow’s Plan Administrators, and the board’s decision thus should be upheld unless it is found to be arbitrary or capricious.2 Despite this unequivocal grant of discretion, Johnston claims that a different, or somehow “tempered,” standard of review should apply. His arguments are unavailing.

First, Johnston asserts that the grant of discretion here is too vague because it gives “discretionary authority to an unlimited number of individuals.” (CA6, R. 19, Appellant Br. at 67.) He claims that the Plan’s terms result in a circular definition in which anyone who exercises discretion is granted discretion. But there is nothing wrong with having multiple fiduciaries with discretionary authority within a plan. See Farhner, 645 F.3d-at 342 (applying the arbitrary-and-capricious standard to a grant of discretion to the “Plan Administrator and other Plan fiduciaries”). Additionally, the Plan grants such authority not to an unlimited number of people, but to those designated as “Initial Claims Reviewers” and to the “Appeals Administrator,” which is the Retirement Board.

Second,' Johnston claims that, because the Plan’s terms are unambiguous, the board’s decision must be reviewed de novo. We have previously rejected this argument. See Radell v. Michelin Ret. Plan, 578 Fed.Appx. 483, 489 (6th Cir. 2014) (“When interpreting the language of an ERISA plan, this court will apply a plain-meaning construction and give effect to its unambiguous terms, but those principles do not change the applicable standard of review.” (internal quotations and citations omitted)). True, where a plan’s terms are unambiguous and a plan administrator disregards that plain language, its actions are more likely to be arbitrary or capricious. But the deferential standard of review that courts must apply to that decision is unaltered.

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703 F. App'x 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-johnston-v-dow-employees-pension-plan-ca6-2017.