SUMMARY ORDER
The plaintiff, Mark Pastore, was employed by the Witco Corporation (“Witco”) and its corporate successors from 1987 until his resignation in 2000. Witco sponsored аn employee benefit plan called the Witco Corporation Severance Plan (the “Plan”), which, together with the Plan’s Employee Benefits Committeе (the “Committee”), is the defendant in this case. Pursuant to the Plan, Witco offered severance benefits to certain employees whose employment еnded within one year of a change in control of the company. Employees were eligible for such severance benefits if, among other grounds, they resigned their employment “after being required to relocate to an office” that was more than 50 miles from their previous office or from their principаl residence.
The parties dispute the рrecise sequence and nature of subsequent events. They agree, however, that: (1) Pastore expressed to his supervisor, Dr. Sean O’Connor, his displeasure with the impending move; (2) O’Connor later wrote to Pastore offering him “the opportunity to remain with the team by ... establishing a ‘home office’ as your base of operations ... and [] limiting your travel to Middlebury to, on average, 4 days per month”; and (3) on July 25, 2000, Pastore submitted his written resignation, in which he acknowledged that he had been offerеd the option of working from home but stated that “[i]n order to ... be a valued member of our team, I would be required to work in the head office with the rest of the business grоup and other executives.”
Pastore, through counsel, requested severance benefits from Witco pursuant to the Plan. Witco responded that Pastorе was ineligible for the benefits because he had been offered the option of working from home and therefore had not been “required to relocаte.” Pastore then submitted a formal request for benefits to the Committee. He argued that he was eligible for benefits notwithstanding Witco’s offer of a “home office,” because (1) according to the offer, Pastore would still be required to report to Middlebury an average of four days per month; (2) Witco had failed to determine whether Pastore had enough physical space in his home to set up a home office; and (3) Pastore thought that it would be impossible for him to “sucсessfully perform his duties and responsibilities as a ‘telecommuter.’ ”
The Committee discussed Pastore’s claim in a meeting of February 14, 2001, attended by all its members. By letter dаted February 15, 2001, the Committee denied Pastore’s claim. The letter said, “Mr. Pastore was not required to relocate to an office more than 50 miles from his prinсipal residence or his prior work location” because he “was permitted to work from his home,” in that Witco had offered to set up, at its expensе, a “home office ... for use as his ‘base of operations.’ ” (Emphasis deleted).
Pastore began this action against the Committee and the Plan in the United Statеs District Court for the Southern District of New York on April 19, 2001. He asserts principally that the defendants wrongfully denied him employee benefits to which he was entitled in violatiоn of section 502(a)(1)(B) of the Employee Retirement Insurance Security Act (“ERISA”), 29 U.S.C. § 1132(a)(1)(B). On June 27, 2005, the district court, rejecting the recommendations of a magistrate judge, grаnted the defendants’ motion for summary judgment. See Pastore v. Witco Corporation Severance Plan,
When, as here, an ERISA plan grants discretion to a plan administrator such as the Committee, federal courts review its decisions regarding plan benefits under the “arbitrary and capricious” standard. See, e.g., Garcia Ramos v. 1199 Health Care Employees Pension Fund,
We think that the Committee’s decision to deny benefits to Pastore was arbitrary and capricious in that it was renderеd, in effect, “without reason.” Id. In denying Pastore’s benefits request, the Committee stated only that Pastore was not “required to relocate” because he was “permitted to work from his home.” It is undisputed, however, that Pastore would have been required to continue to participate in a work group that was locаted in Middlebury and to report to Middlebury an average of four times per month. The question was whether such an arrangement constituted a requirement to reloсate. The Committee did not address this question; instead it stated in a conclusory fashion that Pas-tore had been “permitted to work from his home.” This explanation was insufficient. See 29 U.S.C. § 1133(1) (plan administrators must “provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has beеn denied, setting forth the specific reasons for such denial, written in a manner calculated to be understood by the participant”).
We think, moreover, that thе Committee acted arbitrarily and capriciously in failing to consider whether Pastore had enough space in his home for an office or whether he сould “successfully perform his duties and responsibilities as a ‘telecommuter.’ ” See Zervos v. Verizon New York, Inc.,
When a plan administrator “fails to provide an adequate reasoning, the proper remedy in an ERISA case ... is to remand for further findings or explanations, unless it is so clear cut that it would be unreasonable for the plan administrator to deny the application for benefits on any ground.” Quinn v. Blue Cross and Blue Shield Ass’n,
We have considered Pastore’s remaining arguments on appeal with respect to other matters and find them to be without merit.
For the foregoing reasons, the judgment of the district court is hereby AFFIRMED in part and VACATED in part, and the case is REMANDED for further proceedings.
