Shields v. Local 705, International Brotherhood of Teamsters Pension Plan

188 F.3d 895
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 24, 1999
DocketNo. 98-2627
StatusPublished
Cited by5 cases

This text of 188 F.3d 895 (Shields v. Local 705, International Brotherhood of Teamsters Pension Plan) 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
Shields v. Local 705, International Brotherhood of Teamsters Pension Plan, 188 F.3d 895 (7th Cir. 1999).

Opinions

RIPPLE, Circuit Judge.

Terrence Shields brought this action against Local 705, International Brotherhood of Teamsters Pension Plan (“the Local 705 Pension Plan” or “the Plan”) and various individuals who have served as administrators or trustees of the Plan. In the claims relevant to this appeal, he alleged (1) that he is entitled to promissory estoppel under the federal common law to enforce a promise by Local 705 that his service with his previous employer would count toward his pension benefits; (2) that the deduction of health insurance premiums from his monthly pension check violates ERISA’s antiassignment, anti-alienation provisions; and (3) that the defendants’ failure to provide him certain plan documents violated ERISA. Mr. Shields now seeks review of the district court’s grant of summary judgment to the defendants on the first two claims and its dismissal of the third claim. He also appeals the district court’s denial of his motion to strike certain documents related to the promissory estoppel claim.1 For the reasons set forth in the following opinion, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

From October 1962 until April 1967, Terrence Shields worked for Truck Rail Terminals (“TRT”) and was a member of the Chicago Truck Drivers Union. In April 1967, TRT merged with Lasham Cartage, whose drivers belonged to Local 705, International Brotherhood of Teamsters (“Local 705”). Before the merger, the Secretary-Treasurer of Local 705 told the TRT drivers that, for purposes of health, welfare and pension benefits, they would be given credit for their time with TRT if their service with TRT and Lasham Cartage was continuous. He also sent them a letter, dated March 31,1967, to the same effect. Mr. Shields and 35 other TRT drivers joined Local 705 and started to work for Lasham Cartage.

In the summer of 1967, Mr. Shields complained to the National Labor Relations Board (“NLRB”) about his loss of seniority due to the merger. He contended that Local 705 should have inserted him into the seniority roster with the Lasham Cartage drivers according to the amount of time he had worked at TRT rather than placing him behind the Lasham Cartage drivers. Mr. Shields claims that the NLRB’s decision rejecting his seniority claim relied on the fact that he was to receive health, welfare, and pension credit for his time with TRT prior to the merger.

In 1986, the Local 705 Pension Plan introduced a “30 years and out pension,” also called the “30-Year Service Pension.” Eligibility for this pension requires 30 years of “future benefit service,” which is defined as employment with a “contributing employer”' — -an employer that contributes to the pension fund. Mr. Shields believes that he became eligible for this pension in October 1992 (30 years after he began at TRT). He contemplated retiring [898]*898in November 1992 but was informed that he would be eligible only for the “25 years and out pension” or the “30 year reciprocal pension” rather than the more valuable “30 years and out pension.” Because TRT was not a contributing employer, he was told, his 4.5 years of service with TRT was not “future benefit service” but instead was only “past benefit service,” which counts only toward the “reciprocal pension.” As a result, he qualified only for the “25 years and out” pension or the “30 year reciprocal” pension.

In ill health, Mr. Shields retired in January 1994. He began receiving benefits under the “30 year reciprocal pension” on February 1, 1994. Mr. Shields also receives medical coverage under the Local 705 Health and Welfare Plan (“Health Plan”). Health Plan premiums are automatically deducted each month from the plaintiffs pension payment.

B. Holding of the District Court

1.

The district court granted summary judgment for the defendants on Mr. Shields’ claim that the deduction for Health Plan premiums from his monthly pension check violates the antiassignment, anti-alienation provisions of § 206(d) of ERISA and that this violation constitutes a breach of fiduciary duty under § 404 of ERISA (29 U.S.C. § 1104). The district court determined that, under Treasury regulation 26 C.F.R. §§ 1.401(a)-1.413(e)(1), the deduction arrangement does not constitute an “assignment or alienation” because it is revocable at any time by the participant and the Health Plan has acknowledged in writing that it has no enforceable right to the pension benefits. The court then concluded that, although the defendants had not complied with the requirement that the written acknowledgment be filed within 90 days of the commencement of the arrangement, the defendants were now in compliance, and Mr. Shields was entitled to no further relief because he had not shown any harm from his participation in the deduction arrangement. In sum, the court held, all Mr. Shields sought was to bring the Plan into compliance with the regulations, and his grievance has been remedied.

The district court also denied Mr. Shields’ motion to strike the two documents used by the defendants to prove compliance. Noting that the documents came into existence only after the close of discovery, the court held that granting the motion would force the court to proceed to trial in a situation in which the grievance has already been remedied.

2.

The district court also granted summary judgment for the defendants on Mr. Shields’ promissory estoppel claim under federal common law to enforce Local 705’s promise that TRT drivers would receive full credit toward their pension benefits for their years of service with TRT. The court held that, although this court has not resolved whether promissory estoppel may be recognized in cases involving multi-em-ployer funded pension plans, the teaching of Black v. TIC Investment Corp., 900 F.2d 112 (7th Cir.1990), and Russo v. Health, Welfare & Pension Fund, 984 F.2d 762 (7th Cir.1993), is that promissory estoppel claims should not be recognized when they threaten the actuarial soundness of a plan. In this case, the district court held, requiring the Local 705 Pension Plan — a multi-employer funded plan— to make payments outside of those required by its strict terms would hurt others associated with the Plan and threaten the Plan’s actuarial soundness. The court thus granted summary judgment to the defendants and denied as moot Mr. Shields’ motion to strike two documents related to this claim.

II

DISCUSSION

A. Promissory Estoppel

We first address the plaintiffs federal common law claim for promissory estoppel [899]*899against the Local 705 Pension Plan. Mr. Shields alleges that, in March 1967, the Secretary-Treasurer of Local 705 told the TRT drivers that they would be “given credit” for their years of service with TRT (for purposes of health, welfare and pension benefits from Local 705) if their service with TRT and Lasham Cartage was continuous.2 Mr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
188 F.3d 895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shields-v-local-705-international-brotherhood-of-teamsters-pension-plan-ca7-1999.