Stoll v. Western & Southern Life Insurance

64 F. App'x 986
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 22, 2003
DocketNo. 01-3401
StatusPublished
Cited by4 cases

This text of 64 F. App'x 986 (Stoll v. Western & Southern Life Insurance) 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
Stoll v. Western & Southern Life Insurance, 64 F. App'x 986 (6th Cir. 2003).

Opinion

RYAN, Circuit Judge.

Shirley Stoll appeals from the district court’s order granting judgment to her former employer, Western & Southern Life Insurance Company, on her claim for additional pension benefits, pursuant to various provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. For the following reasons, we AFFIRM the judgment of the district court.

I. FACTUAL BACKGROUND

A. Employment and Pension Plan Provisions

1. First Period of Employment— 1954 to 1969

In June 1954, Stoll began working at Western-Southern, where she participated in the company’s pension plan. In 1968, Stoll became pregnant, and in February 1969, Western-Southern terminated her employment pursuant to its policy of not employing pregnant women past the twentieth week of pregnancy.

Stoll was 33 years old at the time, and she had worked at Western-Southern for approximately 14 years and 8 months. According to the terms of the pension plan in effect in February 1969 (1968 Plan), a terminated employee who was at least 35 years old and had at least ten years’ experience prior to termination would receive a “paid-up deferred annuity policy” beginning on the employee’s eventual retirement date:

If a member’s services are terminated ... after completing ten years of active service and on or after his 35th birthday, Western-Southern will issue the member a paid-up deferred annuity policy providing for the payment of a Deferred Annuity on the member’s Normal Retirement Date....

(Emphasis added.) Stoll did not qualify for this annuity because she was only 33 years old when her services were terminated.

The 1968 Plan also states that the calculation of a member’s monthly benefit amount “is based on the member’s age at retirement, his period of active service and his average monthly earnings.... ” (Emphasis added.) The 1968 Plan defines “active service” as “continuous service exclusive of any periods during which the member is entitled to Permanent Disability Benefits.” (Emphasis added.) “Continuous service,” in turn, is defined as “the last period of uninterrupted employment with Western-Southern ... commencing with the date of such employment and ending with the date of termination of employment stated in terms of years and days.” (Emphasis added.)

2. Second Period of Employment - 1981 to 1996

In October 1981, Western-Southern rehired Stoll. Eight years later, in October 1989, Stoll sent a letter to William Williams, the CEO of Western-Southern, requesting that the company “add [her] original 14 years and 8 months experience to [her] current years of experience for pension purposes.” In the letter, Stoll acknowledged that no pension benefits had vested as of 1969 because she was then only 33, and that the company would have to make an “exception” in order to grant her request. Williams replied by letter and explained that Western-Southern could not give her credit for her prior experience pursuant to its “past and current policies.” Williams did not explain the reasons for denying Stoll’s request, did not reference any specific plan provisions, and did not provide Stoll with information about seeking further review of her claim. [988]*988Stoll did not pursue the matter further until after she retired in 1996.

3. Retirement—1996

Stoll retired from Western-Southern in December 1996, at which time the 1994 Restatement of the pension plan (1994 Plan) governed. Sometime during Stoll’s second period of employment, Western-Southern had modified the terms of the Plan by adding a “break in service” provision dealing specifically with employees who returned to the company after some period of interruption. The break in service provision, contained in Section 6.7 of the 1994 Plan, states the circumstances in which a returning employee’s prior service time will count toward his or her future benefits calculation:

Reemployment of Former and Retired Members—If a former Member or retired Member is reemployed, he shall be treated as set forth in the following subsections:
(a) If the Member did not satisfy any of the reemployment requirements in Section 4.7, upon reemployment he shall be treated as a new Employee for purposes of Article III. If the Member has met the reemployment requirements in Section 4.7(a) or (b), any Service such Member may have had before his most recent Termination Date shall be reinstated. However, years of Service completed before January 1,1976 will not be added to years of Service completed after any Break in Service. If Service is reinstated, then any Years of Membership accumulated during the period of such Service shall also be reinstated.

As referenced, Section 4.7 states the qualifications for reemployment:

Reemployment—Any former Employee who has ceased to be an Employee shall be considered reemployed (rather than a new Employee for purposes of this Plan) if such individual resumed Employment:
(a) before incurring a Break in Service, or
(b) after a Break in Service but before his number of consecutive Breaks in Service equaled or exceeded the greater of (i) his number of years of Service completed after January 1, 1976 as determined under Section 4.2 hereof or (ii) five consecutive Breaks in Service and such individual completes a year of Service after such break, or
(c) when he already had a vested and nonforfeitable interest in some or all of his Accrued Benefit.

The parties dispute whether Stoll qualified for reemployment, but, as we shall explain, this factual despite does not affect our decision.

Section 11.4 of the 1994 Plan defines the Security Plan Committee’s role in administering and interpreting the Plan:

The Security Plan Committee shall have such powers as may be necessary to discharge its duties under the Plan, including but not limited to the power: (a) to interpret and construe the Plan, to determine all questions with regard to Employment, eligibility, Service, membership, Compensation, Retirement Income, and such factual matters as date of birth and marital status, and similarly related matters for the purpose of the Plan, and the Committee’s determination of all questions arising under the Plan shall be conclusive upon all Members, the Company and other interested parties.

In August 1997, Stoll’s original attorney sent Western-Southern a “request for re-determination of pension benefits” on behalf of Stoll. Western-Southern treated this letter as an appeal of a determination of pension benefits. The company denied [989]*989the appeal in October 1997 in a letter which stated:

The Security Plan Appeals Committee has reviewed the facts surrounding your case and the provisions of our pension plan. It is apparent that you were employed with Western-Southern Life between 1954 and 1969. You terminated your employment in 1969 and returned to the organization in 1981. You retired on December 14, 1996.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
64 F. App'x 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stoll-v-western-southern-life-insurance-ca6-2003.