Anthоny J. MILITELLO, Plaintiff-Appellant, v. CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, and the Board of Trustees of the Central States, Southeast and Southwest Areas Pension Fund, Defendants-Appellees.
No. 02-3058.
United States Court of Appeals, Seventh Circuit.
March 3, 2004.
Rehearing and Rehearing En Banc Denied April 2, 2004.
360 F.3d 681
Craig G. Penrose, Tressler, Soderstrom, Maloney & Priess, Chicago, IL, Charles H. Lee (argued), Central States Law Department, Rosemont, IL, for Defendants-Appellees.
Before RIPPLE, EVANS, and WILLIAMS, Circuit Judges.
WILLIAMS, Circuit Judge.
As a retired truck driver, Anthony J. Militello received pension benefits from the Central States, Southeast and Southwest Areas Pension Fund (“the Fund“). After learning that Militello ran his own trucking company, the Fund‘s Board of Trustees (“the Trustees“) suspended his
We affirm, finding that the district court appropriately applied an “arbitrary and capricious” standard of review, the administrative record and denial letter were satisfactory and Militello received a “full and fair review.” We further find that both federal regulations and the plan‘s language allow for susрension of benefits under these circumstances.
I. BACKGROUND
Anthony Militello participated in the Central States Southeast and Southwest Areas Pension Fund by virtue of his employment as a truck driver with Alco Express. After working at Alco Express for thirty-one years, he retired on March 24, 1996 at age fifty-three and promptly applied for pension benefits. Militello stated in a letter to the Fund that he owned trucks. A letter from Alco Express also indicated to the Fund that Militello owned trucks and that he did not have any control over the drivers or the equipment. Based on this information, the Fund approved Militello‘s application and began to pay him benefits on April 1, 1996.
On November 17, 1997, a representative from a local union informed the Fund that Militello owned and operated a trucking business that employed drivers. The Fund sent Militello a letter, indicating that it had received information that he was the “self-employed owner of a trucking company,” and requesting his 1996 federal income tax returns and information regarding his day-to-day duties at the company. Militello replied that he had no duties or drivers and that hе leased his equipment to American Motor Lines, which hired and paid the drivers. Because he did not submit a full copy of his tax returns, the Fund once again requested the returns. The Fund received the requested tax documents which revealed that in 1996, Militello listed his business as “Trucking,” and spent almost $100,000 in fuel expenses and over $20,000 for a driver bonus. The Fund‘s Reemployment Committee determined that Militello‘s ownership of the trucking business constituted prohibited reemployment and gave Militello thirty days to terminate his ownership or face suspension of benefits.
Militellо appealed the Reemployment Committee‘s decision to the Benefits Claim Appeals Committee (“BCAC“) which affirmed, stating in part that “[t]he committee made its decision regarding your reemployment because work, in any capacity, requiring the same skills as those used by Fund participants while employed by contributing employers in the same metropolitan area in which you work is considered Prohibited Reemployment.”
Militello appealed the BCAC‘s decision to the Trustees and the Trustees agreed with the earlier deсisions, concluding that Militello was engaged in Prohibited Reemployment and that his retirement benefits would be suspended. The Pension Processing Department sent a letter to Militello informing him that he had received over-payment of benefits from April 1996 through August 1998, and that as a result, the $75,400 overpayment would be deducted from future benefits.
Militello brought suit against the Fund and the Trustees under ERISA,
II. ANALYSIS
A. Standard of Review
Summary judgment is warranted only if there is “no genuine issue as to any material fact.” Fritcher v. Health Care Serv. Corp., 301 F.3d 811, 815 (7th Cir. 2002) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). We review a grant of summary judgment de novo, viewing all facts and drawing all reasonable inferences in Militello‘s favor. Id.
We must first address whether the district court applied the correct standard of review to the Trustees’ deсision to suspend benefits. The standard of review depends on the amount of discretion that plan documents afford the plan administrator, in this case the Trustees.1 See Johnson v. Allsteel, Inc., 259 F.3d 885, 889 (7th Cir. 2001). A denial of benefits will be reviewed de novo “unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan.” Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101, 115 (1989). If the plan confers discretionary authority, then a denial of benefits will be reviewed under an arbitrary and capricious standard. See Hess v. Hartford Life & Accident Ins. Co., 274 F.3d 456, 461 (7th Cir. 2001).
We have designated the following phrase аs safe harbor language that clearly gives the plan administrator broad discretionary power and thus ensures deferential review: “Benefits under this plan will be paid only if the plan administrator decides in his discretion that the applicant is entitled to them.” Herzberger v. Standard Ins. Co., 205 F.3d 327, 331 (7th Cir. 2000). While this language ensures deferential review, that precise wording is not required. See id. (noting that “the courts have consistently held that there are no ‘magic words’ determining the scope of judicial review of decisions to deny benefits“).
Here, Central States’ trust agreement contаins numerous references to the Trustees’ broad discretion. For instance, Article V § 2 states that “Trustees are vested with discretionary and final authority in making all [plan-related] decisions, including Trustee decisions upon claims for benefits by participants and beneficiaries of the Pension Fund and other claimants, and including Trustee decisions construing plan documents of the Pension Fund,” and the plan makes clear that it incorporated the language of the trust agreement. See Pension Plan, Article VII § 7.01 (“[T]he Board of Trustees has authority tо control and manage jointly the operation and administration of the Pension Fund and of this Pension Plan in accordance with the terms of the Trust Agreement and of this Pension Plan and amendments thereof....“) (emphasis added). Because the trust agreement‘s language confers substantially the same discretion as the safe
Under the arbitrary and capricious standard, an administrator‘s decision will not be overturned if “(1) ‘it is possible to offer a reasoned explanation, based on the evidence, for a particular outcome,’ (2) the decision ‘is based on a reasonable explanation of relevant plan documents,’ or (3) the administrator ‘has based its decision on a consideration of the relevant factors that encompass important aspects of the problem.‘” Hess, 274 F.3d at 461 (quoting Exbom v. Central States, S.E. & S.W. Areas Health & Welfare Fund, 900 F.2d 1138, 1142-43 (7th Cir. 1990)); see also Trombetta v. Cragin Fed. Bank for Sav. Employee Stock Ownership Plan, 102 F.3d 1435, 1438 (7th Cir. 1996) (“Absent special circumstances such as fraud or bad faith, the Committee‘s decision may not be deemed arbitrary and capricious so long as it is possible to offer a reasoned explanation, based on the evidence, for that decision.“). Additionally, because the standard of review is deferential, we “consider only the evidence that was before the administrator when it made its decision.” Hess, 274 F.3d at 462; see Perlman v. Swiss Bank Corp. Comprehensive Disability Prot. Plan, 195 F.3d 975, 981-82 (7th Cir. 1999).
B. The Trustees’ Decision
1. The Administrative Record
The administrative record upon which the Trustees’ decision was based is a major bone of contention between the parties. The tension is due in part to an affidavit submitted by Albert E. Nelson, Benefits Director for the Fund, in support of the summary judgment motion of the Fund and the Trustees, indicating that the Trustees’ June 10, 1998 meeting minutes contain both an “agenda portion (consecutively bates stamped CS0001-04) and an attachments portion (consecutively bates stamped CS0005-75).” (Nelson Aff. of Jan. 31, 2002 ¶ 26.) According to Nelson, the attachments include the correspondence between the Fund and Militello, Militello‘s 1996 fеderal tax returns, and lease agreements between Militello and American Motor Lines. Militello argues that the administrative record should be limited to the agenda portion of the minutes, because the minutes make no reference to the attachments. He views Nelson‘s affidavit as an impermissible augmentation of the administrative record, and further contends
Under the terms of the trust agreement, the Trusteеs are required to “make and maintain a record of the actions of the Trustees taken at any meeting thereof.” (Article VI, § 3, CS 0231.) Nevertheless, we see no reason why Nelson, as Benefits Director for the Fund and a regular attendee of the Trustees’ meetings, would not be qualified to testify to the contents of the administrative record and the nature of the Trustees’ discussion. He has performed this function adequately in the past, see Whisman v. Robbins, 810 F.Supp. 936, 941 (S.D. Ohio 1992), rev‘d on other grounds, 55 F.3d 1140 (6th Cir. 1995), and is specifically referenced in the minutes.3
Moreover, the minutes suggest that the administrative record consisted of both an agenda section and an attachment section. The agenda section specifically acknowledges receipt of several documents in the “background” section, including Militello‘s tax returns and truck leases.4 Additionally, the “action” portion of the agenda references a letter “to Mr. Militello from William J. Schaefer dated April 7, 1998 (attached page 28).”5 In any event, Militello cannot have it both ways: although he complains that the attachments cannot be considered part of the record, he cites to certain attachments (namely, the leases) to bolster his claim that he was not running a trucking business. Therefore, we find no error in the district court‘s determination that the administrative record on appeal consists of both the agenda section and the attachments.6
After reviewing the entire record, it is clear that the Trustees’ decision to suspend benefits cannot be characterized as arbitrary and capricious. Militello listed his business as “Trucking” on his tax returns and also described fuel expenses totaling nearly $100,000 and a driver bonus exceeding $20,000. Based on this information (which was consistent with the union representative‘s statement that Militello was running a trucking business that employed drivers), it was not unreasonable
Relying on the leases, Militello argues that he could not be running a trucking business. The leases state that the lessees shall “exercise the degree of control” required by the Department of Transportation (“DOT“). According to the DOT, lessees “shall have exclusive possession, control, and use of the equipment for the durаtion of the lease,” and “shall assume complete responsibility for the operation of the equipment for the duration of the lease.”
2. Plain Language
Next, Militello insists that the Trustees’ decision to suspend benefits is contrary to the plain language of the pension plan. Specifically, he alleges that nothing in the plan suggests that benefits can be suspended based on ownership of trucks.
We begin by examining the plan‘s language. The plan states that absent special circumstances not relevant here, a “Pensioner shall have his benefit payments suspended for any calendar month in which he works in ‘Prohibited Reemployment.‘” (Pension Plan § 4.13(a)). Prohibited Reemployment is defined as
[e]mployment in any position, including a managerial or supervisory position and including self-employment, but not including government employment, either in the same industry in which the Participant or Pensioner earned any Contributory Service Credit while covered by the Pension Fund, or in any other industry if the Participant or Pensiоner is in the same job classification as are other Participants then employed by a Contributing Employer located within the same standard metropolitan statistical area. (Pension Plan § 4.13(f)(3)).
Based on this language, we agree with Militello that nothing in the plan allows the Trustees to bar him from owning trucks if he wants to keep his pension. However, Militello‘s benefits were not suspended merely because he owned trucks; indeed, the Fund was told that he owned and leased trucks when it initially approved his request for benefits. Militello‘s funds were suspended because the Fund determined that he owned and operated a trucking business employing drivers. It was not contrary to the plan‘s plain language for the Trustees to determine that owning a trucking business that employed drivers violated the plan‘s prohibition against managing employees, supervising employees, or engaging in self-employment in the trucking industry.
3. The Denial Letter
Militello also has numerous procedural complaints. For instance, he alleges that the benefits denial letter issued by the Trustees does not satisfy statutory and regulatory requirements. ERISA dictаtes that specific reasons for denial be communicated to the claimant. See
In this case, the Trustees’ denial letter stated that Militello was not eligible “to receive pension benefits for any period that [he is] the owner of Anthony Militello Trucking,” and that the Trustees made this decision because “work, in any capacity, requiring the samе skills as those used by Fund participants while employed by contributing employers in the same metropolitan area in which you work is considered Prohibited Reemployment.” The letter also indicated that in order to avoid the suspension of benefits, Militello must “provide documentation verifying that [he] no longer ha[d] any ownership in the Anthony Militello Trucking Company” in the next thirty days. (Compl.Ex. B-1.) Furthermore, it cited the specific plan provision Militello had allegedly violated.
The district court properly determined that this letter satisfied statutory and regulatory requirements. The letter indicated, “in a manner calculated to be understood by the participant,” that the Trustees found Militello ineligible for pension benefits because his actions as owner of Anthony Militello Trucking constituted prohibited reemployment. Although the letter is sparse, the Trustees were required to give only specific reasons, not “the reasoning behind the reasons.” Gallo v. Amoco Corp., 102 F.3d 918, 923 (7th Cir. 1996) (“All [the plan administrator] has to give the applicant is the reason for the denial of benefits; he does not have to explain to him why it is a gоod reason. To require that would turn plan administrators not just into arbitrators, for arbitrators are not usually required to justify their decisions, but into judges, who are.“) (emphasis in original).
4. Full and Fair Review
Militello argues that his claim was not afforded a “full and fair review” for three reasons: (1) he was denied a step in the appeal process articulated in the plan; (2) the Trustees applied a non-uniform interpretation of the plan in rejecting Militello‘s claim; and (3) the Trustees failed to adequately explain their decision.
With respect to Militello‘s first cоntention, we agree that the Fund did not follow the plan‘s provisions to the letter. The plan outlines a three-step appeal procedure for the review of any claim that has been denied: (1) review by the Benefits Claim Review Committee (the “Review Committee“), (2) review by the BCAC, and (3) review by the Board of Trustees. Militello‘s case took a different route. The Reemployment Committee, which is not mentioned in the plan, initially decided to
We are troubled by the Fund‘s inability to follow its own rules. Nevertheless, we have stated that
[t]he persistent core requirements of review intended to be full and fair include knowing what evidence the decision-maker relied upon, having an opportunity to address the accuracy and reliability of that evidence, and having the decision-maker consider the evidence presented by both parties prior to reaching and rendering his decision.
Halpin v. W.W. Grainger, Inc., 962 F.2d 685, 689 (7th Cir. 1992) (quoting Brown v. Ret. Comm. of Briggs & Stratton Ret. Plan, 797 F.2d 521, 534 (7th Cir. 1986)). Militello does not comрlain (at least not in his initial brief10) that the failure of the Fund to follow its appeal procedures deprived him of any of these “core requirements.” Thus, we cannot say that failure to follow the appeal process to the letter, without more, necessarily deprived Militello of full and fair review. Cf. Buttram v. Central States, S.E. & S.W. Areas Health and Welfare Fund, 76 F.3d 896, 901 (8th Cir. 1996) (“Although the procedural irregularities in this case [which included failure to provide written notice of claim denial, the absence of a second-level appeal, and a seven year gap between application of benefits and a third-level appeal] give us pause, they do not demonstrate that the actual decision reached ... was arbitrary or whimsical.“).
We next address Militello‘s assertion that the Trustees applied a non-uniform interpretation of the plan. To buttress this claim, he points to his submission of a letter to the Fund stating the following: “The letter being written requesting approval of My retirement after 31 years of service, with the right to retain My equipment. This request being previously approved is now being denied.” Militello‘s argument is not сompelling. All that is alleged in these two statements is that Militello was aware that the Fund was taking action to suspend his pension benefits; the letter does not show that the Trustees applied a non-uniform interpretation to Militello as opposed to other claimants. Rather, the record suggests that the Fund‘s understanding of Militello‘s situation had changed; the Fund believed that he was operating a trucking business rather than simply owning and leasing trucks. Based on these changed circumstances, the Fund was entitled to take action, including reversal оf an earlier decision to grant benefits. Put simply, a reversal based on new information is not a non-uniform interpretation.11
We finally turn to Militello‘s contention that the Trustees failed to explain their reasons for suspension, thus denying him the opportunity to challenge the decision adequately. Specifically, he claims that the Trustees never explained what “skill” he was using that violated the plan‘s reemployment rules. As we stated earlier, we find that the Trustees alerted Militello to the fact that they believed his ownership of a trucking business violated the plan. Militello was thus equipped to challenge their decision.12
5. 29 U.S.C. § 2530.203-3
Militello argues that
A plan may provide for the suspension of pension benefits which commence prior to the attainment of normal retirement age, or for the suspension of that portion of pension benefits whiсh exceeds the normal retirement benefit, or both, for any re-employment and without regard to the provisions of section 203(a)(3)(B) and this regulation to the extent (but only to the extent) that suspension of such benefits does not affect a retiree‘s entitlement to normal retirement benefits payable after attainment of normal retirement age, or the actuarial equivalent thereof.
Militello retired at age fifty-three; now sixty-one years old, he has still not attained the normal retirement age, which is defined as sixty-five in the plan. Thеrefore, this regulation does not pertain to Militello, and we easily dispose of his claim.13
III. CONCLUSION
For the foregoing reasons, the district court‘s decision is AFFIRMED.