Strang v. Ford Motor Co. General Retirement Plan

194 F. Supp. 3d 625, 62 Employee Benefits Cas. (BNA) 1374, 2016 WL 3625601, 2016 U.S. Dist. LEXIS 87728
CourtDistrict Court, E.D. Michigan
DecidedJuly 7, 2016
DocketCivil Action No. 14-CV-14410
StatusPublished

This text of 194 F. Supp. 3d 625 (Strang v. Ford Motor Co. General Retirement Plan) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strang v. Ford Motor Co. General Retirement Plan, 194 F. Supp. 3d 625, 62 Employee Benefits Cas. (BNA) 1374, 2016 WL 3625601, 2016 U.S. Dist. LEXIS 87728 (E.D. Mich. 2016).

Opinion

OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR JUDGMENT AND DENYING PLAINTIFF’S MOTION FOR JUDGMENT ON THE ADMINISTRATIVE RECORD

BERNARD A. FRIEDMAN, SENIOR UNITED STATES DISTRICT JUDGE

This matter is presently before the Court on cross motions for judgment on the administrative record [docket entries 33, 35]. Both parties have filed response briefs. Pursuant to E.D. Mich. LR 7.1(f)(2), the Court shall decide these motions without a hearing.

Background

Plaintiff Jennifer Strang brings this action as the personal representative of the estate of her deceased husband, John Strang, and individually as the named beneficiary of his pension from his former employer, Ford Motor Company, Plaintiff alleges that in April 2012 Ford notified her husband “that the Ford Plan would provide retiree participants with an option to take a lump sum distribution of their remaining retirement benefits beginning in August 2012.” Am, Compl. ¶ 11. Plaintiffs husband wished to exercise this option, but his requests for additional information and for election forms, directed to Ford’s National Employee Service Center (“NESC”), went unanswered. Id. ¶¶ 13-16. In October 2012, NESC told'plaintiffs husband that no information about the lump sum option would be available until the end of the year. Id. ¶ 17. In November 2012 Ford sent plaintiffs husband a postcard “stating that he was now eligible for the lump sum option,” in response to which he “promptly sent Ford a letter on November 16, 2012 declaring that he was electing the lump sum option.” Id. ¶¶ 18-19. However, a representative of NESC told plaintiff and her husband by telephone “that he would have to wait until December 2012 to obtain forms for electing the lump sum option ...” Id. ¶ 20. Plaintiffs husband died on November 18, 2012. Id. ¶ 23. In mid-February 2013 Ford informed plaintiffs counsel that plaintiffs husband was ineligible for the lump sum benefit because he died before December 14, 2012, when the election period for that benefit opened. Id. ¶ 27. In late February 2013 plaintiff “submitted a claim to NESC,... [requesting] that the lump sum option elected by John Strang should be honored by Ford.” Id. ¶ 29, In August 2013 the NESC Employee Benefits Committee (“EBC”) affirmed the denial of benefits “on the basis that John Strang had not made his election ■ before [627]*627death.” Id. ¶ 43. As a result of this decision, plaintiff “was limited to receiving a lump sum buyout of her survivor’s share of [her husband’s] pension, which was $463,254.78 less than the amount that would have been received if [his] election of a lump sum buyout had been honored.” Id. ¶ 45.

The defendants in this matter are Ford Motor Company General Retirement Plan (“Ford Plan”) and Ford Motor Company (“Ford”). The amended complaint asserts four claims. However, plaintiff has withdrawn Count I and the Court has dismissed Counts II and IV. Therefore, only Count III remains. In this count, which is brought against the Ford Plan under 29 U.S.C. § 1132(a)(1)(B),1 plaintiff seeks the benefits to which she is entitled under the plan.

The Administrative Record

Documents included within the administrative record largely confirm plaintiffs factual allegations, which defendants do not deny. In a letter dated April 27, 2012, Ford provided eligible retirees, including John Strang, “with advance notice of a new opportunity to take the remaining value of your General Retirement Plan (GRP) pension benefit as a single lump sum payment. This advance notice allows you time to start considering whether a single lump sum payment is right for you.” Pg ID 365.2 This letter further stated:

Due to the size of the eligible GRP population and the time needed to administer the offer and process payments, a series of election periods will be held throughout 2012 and 2013. You will be assigned a specific election period based on a random process using the last two digits of your Social Security Number. Under no circumstances will you be able to change your assigned election period. You will be notified approximately one month prior to the start of your election period and will have 90 days to make your decision.
Prior to your election period, you will receive a postcard followed by: • A Decision Guide providing full details about the opportunity, and • A personalized Election Kit containing the value of your pension benefit, your specific payment options and instructions on how to make an election.
To help you make an informed decision, Ford plans to provide you access to financial education through an independent financial services firm. Additional details will be provided in your Decision Guide.

Id. According to this letter, “[t]he announcement of this offering was included in Ford’s most recent earnings release on April 27, 2012.” Pg ID 366.

The details of the lump sum offer are found in Appendix L (“Lump Sum Windows”) of Ford’s General Retirement Plan dated August 1, 2012. See Pg ID 1239-1242. The relevant provisions of Appendix L state:

Section 1 — 2012/2013 Retiree Lump Sum Window
A. Definitions
The following capitalized terms, when used in this Section 1 have the following meanings, notwithstanding any different definition of such terms elsewhere in the Plan,
1. “Lump Sum Window” means the 2012/2013 Retiree Lump Sum Window [628]*628provided for under this Section 1 of Appendix L, which Window is available exclusively for the benefit of Lump Sum Window Retirees during the period August 1, 2012 through July 81, 2013.
2. “Lump Sum Window Election Period” means a consideration period of not less than 60 days and no more than 90 days assigned to a Lump Sum Window Eligible Member.
3. “Lump Sum Window Eligible Member” means a Member of the Plan who has a benefit commencement date on or before February 1, 2013 and who:
(a) is a Retired Member in one of the Participating Organization's (as defined below); and
(b) is not excluded because the Member incurred a break in service on or after January 3, 2012 and has a benefit commencement date of July 1, 2012 or later; and
(c) is not excluded because the Member is under age 65 and on Disability Retirement; and
(d) is not excluded by the Company for administrative reasons; and
(e) is selected to participate in the Lump Sum Window in accordance with Section 1C of this Appendix L.
4. “Lump Sum Window Qualified Retirement Date” means a date designated for the Member.
5. “Lump Sum Window Retiree” means a Lump Sum Window Eligible Member who has made an effective election under Section 1C of this Appendix L and in accordance with the terms and conditions of the Lump Sum Window as set forth in this Appendix L.
6. “Participating Organizations” means Ford Motor Company and subsidiaries identified as eligible for the Lump Sum Window.
B.

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Cite This Page — Counsel Stack

Bluebook (online)
194 F. Supp. 3d 625, 62 Employee Benefits Cas. (BNA) 1374, 2016 WL 3625601, 2016 U.S. Dist. LEXIS 87728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strang-v-ford-motor-co-general-retirement-plan-mied-2016.