Federal Circuits, 6th Cir. (February 04, 1997)
Docket number: 95-3326
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U.S. Supreme Court - Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989)
U.S. Supreme Court - Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986)
U.S. Court of Appeals for the 6th Cir. - USA v. Lewis (6th Cir. 2006)
U.S. Court of Appeals for the 6th Cir. - Noe v. PolyOne Corp (6th Cir. 2008)
Before: SILER and COLE, Circuit Judges and BELL, District Judge.*
PER CURIAM.Plaintiff Thomas L. Colaluca appeals the magistrate judge's grant of summary judgment in favor of the defendants in his action alleging that the defendants violated the Employee Retirement Income Security Act in administering a profit-sharing plan in which Colaluca was a participant. The defendants in this case include a limited partnership known as Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A.; the partnership's profit-sharing plan; and three members of the Plan's Administrative Committee, Michael L. Climaco, John A. Peca and Dennis R. Wilcox. For the following reasons, we AFFIRM the judgment of the magistrate judge.I.Thomas L. Colaluca ("Colaluca") was employed by the law firm of Climaco, Climaco, Seminatore, Lefkowitz & Garofoli Co., L.P.A. ("Climaco") from 1978 to 1991. During his employment with Climaco, Colaluca participated in a profit-sharing plan ("the Plan") that was established and administered by the law firm pursuant to the Employee Retirement Income Security Act ("ERISA"). See 29 U.S.C. 1001-1461. This Plan was administered at all relevant times by an Administrative Committee consisting of Michael L. Climaco, John A. Peca and Dennis R. Wilcox.Pursuant to section 9.9 of the Plan, participants were permitted to obtain loans from the Plan as long as the loans were supported by collateral. As collateral, a borrower was required to assign his entire right, title and interest in the profit sharing plan and to execute a promissory note for the amount of the loan. Between 1989 and 1991, Colaluca borrowed money from the Plan on four separate occasions. Colaluca's four respective loans totalled approximately $32,000, and three of the four loans were secured by promissory notes.1 Each promissory note included a fixed rate of interest, a five percent (5%) late penalty, an increased interest rate of fifteen percent (15%) upon default, and an acceleration clause if any default was not cured within thirty days.Colaluca ultimately defaulted on all four loans. Notices of default were sent to Colaluca, including notice of an opportunity to cure. Colaluca failed to cure the defaults within the thirty-day period so provided. Pursuant to the advice of the Plan's auditors, Plan administrators made deductions from Colaluca's Plan account to satisfy his loan obligations as of December 1991. By December 1992, Colaluca's loans were again in default. Thus, Plan administrators accelerated the notes and deducted the remaining principal and interest from Colaluca's Plan account.On July 15, 1993, Colaluca filed this action alleging that the defendants breached their fiduciary obligations under the Plan and ERISA.2 Colaluca argued that neither the Plan documents, promissory notes nor the provisions of ERISA granted the administrators the authority to deduct his outstanding debt from his Plan account. Following the filing of motions for summary judgment by the parties, the magistrate judge granted judgment in favor of Colaluca. The defendants thereafter moved the magistrate judge to reconsider her ruling.The magistrate judge, on February 9, 1995, granted the defendants' motion for reconsideration, vacated her prior ruling, and granted summary judgment in the defendants' favor. Applying the arbitrary and capricious standard to the actions of the Plan administrators, the magistrate judge concluded that the administrators acted reasonably under the language of the Plan.On appeal, Colaluca contends that the magistrate judge erred by: (1) applying the arbitrary and capricious standard of review to the administrators' actions, and (2) granting summary judgment in favor of the defendants.II.We review de novo the magistrate judge's grant of summary judgment, using the same standard employed by the magistrate judge. See Moore v. Philip Morris Cos., 8 F.3d 335, 339 (6th Cir.1993). Summary judgment is appropriate where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). In deciding upon a motion for summary judgment, we must draw all reasonable inferences from the underlying facts in favor of the non-moving party. Matsushita Elec. Ind. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986).III.Colaluca first contends that the magistrate judge erred by applying an inappropriate standard of review to the administrators' actions under the Plan. Specifically, Colaluca argues that the magistrate judge should have reviewed the Plan administrators' conduct de novo because the Plan's provisions do not confer sufficient discretionary authority upon them to invoke the arbitrary and capricious standard of review. However, because the Plan documents clearly accord the Plan administrators broad authority to control and manage the operation of the Plan, the magistrate judge correctly applied the arbitrary and capricious standard to review their conduct.In reviewing a plan administrator's actions under ERISA, a trial court should apply the deferential arbitrary and capricious standard of review if the plan grants the administrator discretionary authority to determine eligibility for benefits or to construe the terms of the plan. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 115 (1989); see also Perry v. Simplicity Eng'g, 900 F.2d 963, 965 (6th Cir.1990). However, absent a clear grant of such discretion to a plan administrator, the arbitrary and capricious standard is not appropriate. See Anderson v. Great West Life Assurance Co., 942 F.2d 392, 394 (6th Cir.1991). In the present case, the clear language of the Plan grants its administrators sufficient discretionary authority to permit the arbitrary and capricious standard of review. See Bruch, 489 U.S. at 115. Pursuant to section 2.10, the Plan provides:The [Administrative] Committee shall have the duty and authority to interpret and construe the provisions of this Plan to decide any disputes which may arise with regard to the rights of Employees, Participants, and their legal representatives or beneficiaries under the terms of this Plan and in general to direct the administration of this Plan....(emphasis added). In addition, at Section 2.4, the Plan states that:The decision of the [Administrative] Committee in matters within its jurisdiction shall be final, binding and conclusive upon ... each Employee, Participant or Beneficiary and every other person or party interested or concerned.(emphasis added). Thus, the Plan confers authority on its administrators to interpret and apply its provisions; to resolve disputes arising under it; and to issue "final, binding and conclusive" decisions regarding all matters within its purview. Considering the breadth of the administrators' discretionary authority to construe and apply the Plan's provisions, we hold that the magistrate judge did not err in reviewing their actions under the arbitrary and capricious standard of review. See Bruch, 489 U.S. at 115; see also Perry, 900 F.2d at 965.IV.Colaluca next contends that the magistrate judge, reviewing the defendants' actions de novo or reviewing them under the arbitrary and capricious standard of review, erred in granting summary judgment in the defendants' favor. First, Colaluca claims that the Plan administrators acted arbitrarily and capriciously when they accelerated his loans without accelerating the loans of other borrowers whose loans were in default. Second, Colaluca claims that the administrators acted arbitrarily and capriciously when they seized a portion of his Plan account balance and applied the proceeds to satisfy the arrearages on his promissory notes. He claims that the seizure was improper because it was not expressly authorized under the Plan's provisions. We disagree.We initially note that the arbitrary and capricious standard "is the least demanding form of judicial review...." Davis v. Kentucky Fin. Cos. Retirement Plan, 887 F.2d 689, 693 (6th Cir.1989), cert. denied,Try vLex for FREE for 3 days
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