Ruppert v. Alliant Energy Cash Balance Pension Plan

255 F.R.D. 628, 2009 WL 357942
CourtDistrict Court, W.D. Wisconsin
DecidedFebruary 12, 2009
DocketNo. 08-cv-127-bbc
StatusPublished
Cited by11 cases

This text of 255 F.R.D. 628 (Ruppert v. Alliant Energy Cash Balance Pension Plan) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruppert v. Alliant Energy Cash Balance Pension Plan, 255 F.R.D. 628, 2009 WL 357942 (W.D. Wis. 2009).

Opinion

OPINION and ORDER

BARBARA B. CRABB, District Judge.

This is a proposed class action brought under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461, in which plaintiffs Lawrence G. Ruppert and Thomas A. Larson allege that defendant Alliant Energy Cash Balance Pension Plan improperly calculates benefits and underpays participants such as plaintiffs using the improper calculation. Now before the court is plaintiffs’ motion to certify a class and appoint class counsel.

A couple of minor issues require attention first, however. First, defendant has filed a motion for leave to file a second amended answer in response to plaintiffs’ addition of a new named plaintiff. Plaintiffs do not oppose the motion, although they suggest that the new defense might be futile. I understand plaintiffs’ position to be that they will take up that dispute at a later time. Therefore, I will grant defendant’s motion. The proposed second amended answer filed as dkt. #57-1 will be the operative answer.

Second, in the context of disputing a motion to compel, defendant moved for leave to file a responsive brief to a supplemental brief of plaintiffs. The purpose of defendant’s mo[631]*631tion is not clear; it identifies no new dispute and the motion to compel had been decided 11 days earlier. Therefore, defendant’s motion for leave to file a responsive brief will be denied as unnecessary. To the extent defendant finds that it has new discovery-related problems, it should file a new motion on that matter.

Turning to plaintiffs’ motion to certify a class, that motion will be granted. Despite defendant’s objections, I conclude that plaintiffs have made a showing that they satisfy the requirements of Rule 23(a). The severance agreements plaintiffs signed pose no threat to the typicality or adequacy of the class because they fail to raise an arguable defense to plaintiffs’ claims; whether the claims of plaintiff Larson and other class members are vulnerable to a statute of limitations defense is not a problem because the proposed subclasses address those concerns adequately; and plaintiffs’ relative lack of interest and independence in this case are no obstacle to a finding that they are nonetheless adequate representatives of the class in light of their counsel’s qualifications. In addition, I conclude that because plaintiffs seek declaratory relief, the class action is maintainable under Rule 23(b)(2). The scope of the subclasses that I will certify will be slightly narrower than that proposed by plaintiffs because plaintiffs have failed to explain why beneficiaries of estates who could receive lump sum payouts should be part of this action. Finally, because neither party addresses the question whether class members should receive notice in this case, the parties will be asked to present their positions on that matter to the court.

From the affidavits submitted by the parties, I find the following facts to be undisputed for the purpose of deciding plaintiffs’ motion for class certification.

UNDISPUTED FACTS

A. The Plan

Defendant Alliant Energy Cash Balance Pension Plan is a “defined benefit pension plan.” Its sponsor is Alliant Energy Corporate Services, Inc. Since January 1, 1998, the plan has been a “cash balance” plan, under which participants’ benefits are reflected in hypothetical (“notional”) accounts. The plan applies a “benefit credit” and an “interest credit” to participants’ notional account balances each December 31. The interest credit is equal to the greater of 4% of the balance or 75% of the rate of return generated by the plan’s trust for the calendar year. A participant’s future interest credits under the plan accrue at the same time that corresponding benefit credits accrue, regardless whether the participant is still working for the plan’s sponsor. In other words, if a participant terminates employment but defers distribution under the plan, interest credits continue to be credited to the participant’s notional account.

Participants may seek a pre-retirement-age lump sum payout of their pension benefits. To calculate the proper value of a lump sum payout from a cash balance plan such as defendant’s, generally the balance of the participant’s notional account is “projected forward” to the participant’s normal retirement age to estimate the interest credits that would have been added to the account and then “converted back” to the present value using a set interest rate, the 30-year Department of Treasury bond rate. (This calculation is known as the “whipsaw calculation.”) Under the plan at issue, however, the balance was projected forward using not its interest crediting rate, but rather using the same 30-year Treasury bond rate used to convert the account back to the present value. The result of this method was that the value of a lump sum payout was always equal to the current balance of a participant’s notional account balance.

B. The Plan’s Lump Sum Payouts to Plaintiffs

Plaintiffs Lawrence Ruppert and Larson Thomas participated in the plan. Plaintiff Ruppert worked for Alliant Energy Corporate Services, Inc. from January 29, 2001 to June 24, 2005, when Alliant eliminated his position. Plaintiff Ruppert received a severance package in exchange for signing a severance agreement and release that stated that plaintiff Ruppert agreed to “release all known and unknown ... matters in law, in [632]*632equity, in contract” that he could pursue against Alliant and its “affiliates” and “agents.” It also stated that plaintiff Rup-pert would have no rights under any pension or benefit plan of Alliant’s except that he would “retain any vested rights under all qualified retirement plans of [Alliant’s] in which [plaintiff Ruppert] is a participant and all rights associated with such benefits, as determined by the official terms of those plans.” After signing this, plaintiff Ruppert applied for and received a lump sum benefit from the plan in accordance with the plan’s method of calculating the payout amount.

Plaintiff Larson started working for a predecessor of Alliant in 1981 and worked for Alliant until December 31,1999, when Alliant terminated his employment. He accepted a severance package in exchange for signing a severance agreement and release whose wording differs slightly from plaintiff Rup-pert’s. Plaintiff Larson agreed to release “all claims, liabilities, demands and causes of action whether known or unknown ... arising out of or in any way connected with [his] employment” that he could pursue against Alliant and its “affiliates” and “agents.” The release states that it “does not apply ... to any claims related to pension or retirement benefits under [ERISA].”

C. Plaintiffs’ Interest in this Case

Plaintiff Ruppert decided to bring this action after receiving an email from Eli Gottes-diener (now his counsel) stating that his benefits “may have been underpaid.” He does not know how a cash balance plan works; he conducted no independent investigation to determine if he had a valid claim; and he does not know what interest rate the plan allegedly should have used to calculate his benefit. Plaintiff Ruppert did not see the amended complaint until months after it was filed and has stated that the truth of certain statements in the amended complaint are “of no significance” to him and not his concern.

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Bluebook (online)
255 F.R.D. 628, 2009 WL 357942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruppert-v-alliant-energy-cash-balance-pension-plan-wiwd-2009.