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firestone tire and rubber co v bruch

firestone tire and rubber co v bruch

Decided Feb. 21, 1989. FIRESTONE TIRE AND RUBBER COMPANY, et al., Petitioners. 2 Black & Decker Disability Plan v. Nord, 538 U.S. 822, 830 (2003) (quoting Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 113 (1989)).To that end, ERISA allows suits to recover benefits due under a plan, to enforce rights under the terms of a plan, Although it is a "comprehensive and reticulated statute," Nachman Corp. v. Pension Benefit Guaranty Corp., 479 Pp. 489 U. S. 108-115. Stay up-to-date with FindLaw's newsletter for legal professionals. JUSTICE O'CONNOR delivered the opinion of the Court. As they do with contractual provisions, courts construe terms in trust agreements without deferring to either party's interpretation. But the provisions relied upon so heavily by Firestone do not characterize a fiduciary as one who exercises entirely discretionary authority or control. Several respondents also sought information about their benefits under all three plans pursuant to 1024(b)(4)'s disclosure requirements, but Firestone denied those requests on the ground that respondents were no longer plan "participants" entitled to information under ERISA. No. In determining the appropriate standard of review for actions under § 1132(a)(1)(B), we are guided by principles of trust law. ERISA's disclosure provisions. The latter exception cannot aid Firestone, since there is no evidence that, under the termination pay plan, the administrator has the power to construe uncertain plan terms or that eligibility determinations are to be given deference. § 1132(c)(1)(B) (1982 ed., Supp. Bruch v. Firestone Tire & Rubber Co., 828 F.2d 134, 146 (3d Cir.1987). With respect to Count I, the District Court held that Firestone had satisfied its fiduciary duty under ERISA because its decision not to pay severance benefits to respondents under the termination § 1001 et seq. by looking to the terms of the plan and other manifestations of the parties' intent. BRUCH v. FIRESTONE TIRE AND RUBBER CO. OPINION OF THE COURT. 1033, 1037-1039 (1985). § 1001 et seq. 1101-1114, "codif[y] and mak[e] applicable to [ERISA] fiduciaries certain principles developed in the evolution of the law of trusts." At a time when most federal courts had adopted the arbitrary and capricious standard of review, a bill was introduced in Congress to amend § 1132 by providing de novo review of decisions denying benefits. 193-208 (2d rev. Co. v. Dedeaux, See 29 U.S.C. Faced with the possibility of $100 a day in penalties under § 1132(c)(1)(B), a rational plan administrator or fiduciary would likely opt to provide a claimant with the information requested if there is any doubt as to whether the claimant is a "participant," especially when the reasonable costs of producing the information can be recovered. With respect to Count VII, the District Court held that, although § 1024(b)(4) imposes a duty on a plan administrator to respond to written requests for information about the plan, that duty extends only to requests by plan participants and beneficiaries. Tr. Co. v. Dedeaux, supra, at 481 U. S. 56. Nevertheless, Firestone maintains that congressional action after the passage of ERISA indicates that Congress intended ERISA claims to be reviewed under the arbitrary and capricious standard. Id. In Count VII, respondents alleged that they were entitled to damages under § 1132(c) because Firestone had breached its reporting obligations under § 1025(a). 1002(8). 104-106. at 534. I join the judgment of the Court and Parts I and II of its opinion. FIRESTONE TIRE & RUBBER CO. v. BRUCH(1989). The Federal District Court granted summary judgment for Firestone, holding that the company had satisfied its fiduciary duty as to the benefits requests because its decision not to pay was not arbitrary or capricious, and that it had no disclosure obligation to respondents because they were not plan "participants" within the meaning of § 1002(7) at the time they requested the information. . 409, 414-419 (1985), facing precisely the same claim raised by plaintiffs here, held that the plaintiffs, salaried non-union employees, possessed a contractual right to benefits under the Firestone severance pay plan, a deferred and contingent right. Appeals reasoned that § 1132(a)(1) should be read to mean that "a civil action may be brought by someone who claims to be a participant or beneficiary.'" Co. v. Russell, v. Richard BRUCH, etc., et al. 2. The discussion which follows is limited to the appropriate standard of review in § 1132(a)(1)(B) actions challenging denials of benefits based on plan interpretations. Applying the definition in this fashion would mean, of course, that, if the employer guesses right that a person with a colorable claim is in fact not entitled to benefits, he can deny that person the information required to be provided under 29 U.S.C. at 138-140. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. Briefs of amici curiae urging affirmance were filed for the Plaintiff Employment Lawyers Association by Paul H. Tobias; and for the Pension Rights Center by Karen W. Ferguson and Terisa E. Chaw. denied, 479 U.S. 916 (1986). , n. 12 (1983). Rather, one is a fiduciary to the extent he exercises any discretionary authority or control. U.S. 322, 332 A fiduciary has "authority to control and manage the operation and administration of the plan," § 1102(a)(1), and must provide a "full and fair review" of claim denials, § 1133(2). U.S. 304, 313 See §§ 1024(b)(4), 1025(a). be subject to judicial review, the assumption seems to be that a de novo standard would encourage more litigation by employees, participants, and beneficiaries who wish to assert their right to benefits. ed. 40. Co. v. Dedeaux, supra, at 56. See also United States v. Mason, 412 U. S. 391, 412 U. S. 399 (1973). ERISA defines a fiduciary as one who, "exercises any discretionary authority or discretionary control respecting management of [a] plan or exercises any authority or control respecting management or disposition of its assets.". IV), which provides that, "[a]ny administrator . See generally Pilot Life Ins. Of course, if a benefit plan gives discretion to an administrator or fiduciary who is operating under a conflict of interest, that conflict must be weighed as a "facto[r] in determining whether there is an abuse of discretion." Firestone and its amici also assert that a de novo standard would contravene the spirit of ERISA because it would impose much higher administrative and litigation costs and therefore discourage employers from creating benefit plans. The LMRA does not provide for judicial review of the decisions of LMRA trustees. Google Chrome, Firestone Tire & Rubber Co. v. Bruch, 489 U.S.110, 115, the Court reasoned that the employer and ERISA administrator could agree on a more deferential standard of review. At a time when most federal courts had adopted the arbitrary and capricious standard of review, a bill was introduced in Congress to amend 1132 by providing de novo review of decisions denying benefits. 87-1054 . Since the Supreme Court’s decision in Firestone Tire and Rubber Co. v. Bruch, 489 U.S. 101 (1989), federal courts have reviewed an ERISA health plan’s denial of benefits for arbitrariness and capriciousness, so long as the plan explicitly grants discretionary authority to an administrator or other fiduciary to render benefit decisions. Deference is due the Labor Secretary’s stated view that ERISA is best served by preserving the greatest flexibility possible for operating claims processing systems consistent with a plan’s prudent administration. Moreover, as to both funded and unfunded plans, the threat of increased litigation is not sufficient to outweigh the reasons for a de novo standard that we have already explained. 87-1054 Argued: November 30, 1988 Decided: February 21, 1989.   U.S. 101, 121] Respondents, six Firestone employees who were rehired by Occidental, sought severance benefits from Firestone under the termination pay plan. We recommend using The action was based on § 1132(a)(1), which provides that a, "civil action may be brought . of Oral Arg. See 29 U.S.C. Syllabus ; View Case ; Petitioner Firestone Tire & Rubber Company .   The relevant portion of the definition, however, refers to an employee "who is or may become eligible to receive a benefit." Despite these principles of trust law pointing to a de novo standard of review fOr claims like respondents', Firestone would have us read ERISA to require the application of the arbitrary and capricious standard to such claims. [489 Faced with the possibility of $100 a day in penalties under 1132(c)(1)(B), a rational plan administrator or fiduciary would likely opt to provide a claimant with the information requested if there is any doubt as to whether the claimant is a "participant," especially when the reasonable costs of producing the information can be recovered. Thus, for purposes of actions under 1132(a)(1)(B), the de novo standard of review applies regardless of whether the plan at issue is funded or unfunded and regardless of whether the administrator or fiduciary is operating under a possible or actual conflict of interest. Trust principles make a deferential standard of review appropriate when a trustee exercises discretionary powers. 1001 et seq. See also G. Bogert & G. Bogert, Law of Trusts and Trustees § 560, pp.193-208 (2d. (1986). 640 F. Supp. See also Franchise Tax Board v. Construction Laborers Vacation Trust, 463 U. S. 1, 463 U. S. 24, n. 26 (1983) ("[A] body of Federal substantive law will be developed by the courts to deal with issues involving rights and obligations under private welfare and pension plans'") (quoting 129 Cong.Rec. Syllabus. Consistent with established principles of trust law, we hold that a denial of benefits challenged under 1132(a)(1)(B) is to be reviewed under a de novo standard unless the benefit plan gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan. "This view attributes conventional meanings to the statutory language since all employees in covered employment and former employees with a colorable claim to vested benefits `may become eligible.' The court in Adcock v. The Firestone Tire & Rubber Co., 616 F. Supp. Plan Sponsor Interpretation Must Be Given Deference in Lawsuits Challenging Plan Terms. 1002(21) (A)(i). See Brief for Petitioners 13-14. . . The Court of Appeals held that where an employer is itself the fiduciary and administrator of an unfunded benefit plan, its decision to deny benefits should be subject to de novo judicial review. The dispute in this case therefore centers on the definition of the term "participant," which is found in 1002(7): The Court of Appeals "concede[d] that it is expensive and inefficient to provide people with information about benefits - and to permit them to obtain damages if information is withheld - if they are clearly not entitled to the benefits about which they are informed." and their families and dependents." U.S. 101, 109] Respondents then brought suit for severance benefits under 1132(a)(1)(B) and for damages under 1132(a)(1)(A) and (c)(1)(B) based on Firestone's breach of its statutory disclosure obligation. Begin typing to search, use arrow keys to navigate, use enter to select. will be fulfilled in the future. 986, 994, n. 40 (1986). Thus, the raison d'etre for the LMRA arbitrary and capricious standard -- the need for a jurisdictional basis in suits against trustees -- is not present in ERISA. In relevant part, 29 U.S.C. See Brief for Petitioners 19-20.   View Case; Cited Cases; Citing Case ; Cited Cases . 453 Given this language and history, we have held that courts are to develop a "federal common law of rights and obligations under ERISA-regulated plans." V. BRUCH ET AL. United Mine Workers of America Health and Retirement Funds v. Robinson, 455 U. S. 562, 455 U. S. 573-574 (1982) (common law of trusts did not alter nondiscretionary obligation of trustees to enforce eligibility requirements as required by LMRA trust agreement). 94. The Court of Appeals reversed and remanded, holding that benefits denials should be subject to de novo judicial review, rather than review under the arbitrary and capricious standard, where the employer is itself the administrator and fiduciary of an unfunded plan, since deference is unwarranted in that situation, given the lack of assurance of impartiality on the employer's part. With respect to Count I, the District Court held that Firestone had satisfied its fiduciary duty under ERISA because its decision not to pay severance benefits to respondents under the termination, pay plan was not arbitrary or capricious. a plan participant is, "any employee or former employee . Petitioner Firestone Tire & Rubber Co. (Firestone) maintained, and was the plan administrator and fiduciary of, a termination pay plan and two other unfunded employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. Neither general principles of trust law nor a concern for impartial decisionmaking, however, forecloses parties from agreeing upon a narrower standard of review. Pe-titioners have alleged staggering misconduct: abject im-prudence and unadorned self … Audio Transcription for Opinion Announcement – February 21, 1989 in Firestone Tire & Rubber Company v. Bruch William H. Rehnquist: The opinions of the Court in three cases will be announced by Justice O’Connor. Under ERISA a plan participant is "any employee or former employee . See also Franchise Tax Board v. Construction Laborers Vacation Trust, To say that a "participant" is any person who claims to be one begs the question of who is a "participant" and renders the definition set forth in § 1002(7) superfluous.   [489 [489 See Note, Judicial Review of Fiduciary Claim Denials Under ERISA: An Alternative to the Arbitrary and Capricious Test, 71 Cornell L.Rev. 91 A "participant" entitled to disclosure under § 1024(b)(4) and to damages for failure to disclose under § 1132(c)(1)(B) does not include a person who merely claims to be, but is not, entitled to a plan benefit. It reasoned that, in such situations, deference is unwarranted, given the lack of assurance of impartiality on, the part of the employer. (The one at issue here runs to 81 pages, with 139 sections.) The 6th Circuit noted that Firestone Tire & Rubber Co. v. Bruch, in which an arbitrary-and-capricious standard of review is required by the court if the plan “gives the administrator or fiduciary discretionary authority to determine eligibility for benefits or to construe the terms of the plan,” should … 1. ed.1980). To fill this gap, federal courts have adopted the arbitrary and capricious standard developed under 61 Stat. [489 Id., at 138 (citing cases). We now affirm in part, reverse in part, and remand the case for further proceedings. . (1973). See, e.g., Brief for American Council of Life Insurance et al. See generally 29 U.S.C. See Note, Judicial Review of Fiduciary Claim Denials Under ERISA: An Alternative to the Arbitrary and Capricious Test, 71 Cornell L. Rev. 18 Jul 2012, 11:21 am .   by looking to the terms of the plan and other manifestations of the parties' intent. Finding no support in the language of its termination pay plan for the arbitrary and capricious standard, Firestone argues that, as a matter of trust law, the interpretation of the terms of a plan is an inherently discretionary function. After Firestone sold its Plastics Division to Occidental Petroleum Co. (Occidental), respondents, Plastics Division employees who were rehired by Occidental, sought severance benefits under the termination pay plan, but Firestone denied their requests on the ground that there had not been a "reduction in work force" that would authorize benefits under the plan's terms. (1981), and because ERISA, like the LMRA, imposes a duty of loyalty on fiduciaries and plan administrators, Firestone argues that the LMRA arbitrary and capricious standard should apply to ERISA actions. Justice O’Connor, For the Court. Firestone Tire & Rubber Co. v. Bruch, 489 U. S. 101, 113 (1989). . See H.R. Neither general principles of trust law nor a concern for impartial decisionmaking, however, forecloses parties from agreeing upon a narrower standard of review. Firestone was the sole source of funding for the plans, and had not established separate trust funds out of which to pay the benefits from the plans. ", "a person designated by a participant, or by the terms of an employee benefit plan, who is or may become entitled to a benefit thereunder.". Recently the Eighth Circuit Court of Appeals affirmed the trial court's summary judgment order in a similar case Lakey v. Remington Arms, 874 F.2d 541 (8th Cir.1989). 1002(7) ("participant"), 1002(8) ("beneficiary"), 1002(21)(A) ("fiduciary"), 1103(a) ("trustee"), 1104 ("fiduciary duties"). See, e.g., Conner v. Phoenix Steel Corp., 249 A.2d 866 (Del.1969); Atlantic Steel Co. v. Kitchens, 228 Ga. 708, 187 S.E.2d 824 (1972); Sigman v. Rudolph Wurlitzer Co., 57 Ohio App. By operation of law, Firestone itself was the administrator, 29 U.S.C. U.S. 101, 111] Eligibility exists not merely during the brief period between formal judgment of entitlement and payment of benefits. 29 U.S.C. of benefits violated [§ 186(c)])." We held in Firestone Tire & Rubber Co. v. Bruch, 489 U. S. 101 (1989), that an ERISA plan adminis- (a) The arbitrary and capricious standard -- which was developed under the Labor Management Relations Act, 1947 (LMRA) and adopted by some federal courts for § 1132(a)(1)(B) actions in light of ERISA's failure to provide an appropriate standard of review for that section -- should not be imported into ERISA on a wholesale basis. Co. v. Russell, 473 U. S. 134, 473 U. S. 146 (1985). For the reasons set forth above, the decision of the Court of Appeals is affirmed in part and reversed in part, and the case is remanded for proceedings consistent with this opinion. With respect to Count VII, the Court of Appeals held that the right to request and receive information about an employee benefit plan, "most sensibly extend[s] both to people who are in fact entitled to a benefit under the plan and to those who claim to be, but in fact are not.". Decided February 21, 1989. 104-106. In our view, the term "participant" is naturally read to mean either "employees in, or reasonably expected to be in, currently covered employment," Saladino v. I. L. G. W. U. The U.S. Supreme Court, in the landmark case of Firestone Tire Rubber v. Bruch held that in an ERISA benefit case, de novo review is to be presumed, stating clearly that a “denial of benefits... is to be reviewed under a de novo standard...” This is the so-called “Firestone default de novo” rule. That provision allows a suit to recover benefits due under the plan, to enforce rights under the terms of the plan, and to obtain a declaratory judgment of future entitlement to benefits under the provisions of the plan contract. I join the judgment of the Court, and Parts I and II of its opinion. Footnote * The District Court concluded that respondents were not entitled to damages under 1132(c) because they were not plan "participants" or "beneficiaries" at the time they requested information from Firestone. Applying the definition in this fashion would mean, of course, that if the employer guesses right that a person with a colorable claim is in fact not entitled to benefits, he can deny that person the information required to be provided under 29 U.S.C. Whether "the exercise of a power is permissive or mandatory depends upon the terms of the trust." as Amici Curiae 10-11. 499. See, e. g., Jung v. FMC Corp., 755 F.2d 708, 711-712 (CA9 1985) (where "the employer's denial of benefits to a class avoids a very considerable outlay [by the employer], the reviewing court should consider that fact in applying the arbitrary and capricious standard of review," and "[l]ess deference should be given to the trustee's decision"). 29942 (1974) (remarks of Sen. Javits)). sensible enough to consult the law would be senseless enough to take that risk, giving the term its defined meaning would produce precisely the same incentive for disclosure as the Court's opinion. Justia Annotations is a forum for attorneys to summarize, comment on, and analyze case law published on our site. (1988), to resolve the conflicts among the Courts of Appeals as to the appropriate standard of review in actions under 1132(a)(1)(B) and the interpretation of the term "participant" in 1002(7). Unlike the LMRA, ERISA explicitly authorizes suits against fiduciaries and plan administrators to remedy statutory violations, including breaches of fiduciary duty and lack of compliance with benefit plans. The District Court granted Firestone's motion for summary judgment. ", Nichols v. Eaton, 91 U. S. 716, 91 U. S. 724-725 (1875) (emphasis added). U.S. 101, 107] enormously complex and detailed statute,” Mertens v. Hewitt Associates, 508 U. S. 248, 262 (1993), and the plans that administrators must construe can be lengthy and complicated. A former employee who has neither a reasonable expectation of returning to covered employment nor a colorable claim to vested benefits, however, simply does not fit within the [phrase] `may become eligible.'" standards, and since the views of a subsequent Congress form a hazardous basis for inferring the intent of an earlier one. FIRESTONE TIRE & RUBBER CO. v. BRUCH(1989) No. David M. Silberman argued the cause for respondents. Pp. Indeed, respondents admitted at oral argument that "the words point against [them]." Id., at 105; see also id., at 108. This case presents two questions concerning the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 828 F.2d at 137-145. Because we do not rest our decision on the concern for impartiality that guided the Court of Appeals, see 828 F.2d at 143-146, we need not distinguish between types of plans or focus on the motivations of plan administrators and fiduciaries. Id., at 105; see also id., at 108. U.S. 101, 116] Though "instructive," failure to act on the proposed bill is not conclusive of Congress' views on the appropriate standard of review. In relevant part, that plan provides as follows: "If your service is discontinued prior to the time you are eligible for pension benefits, you will be given termination pay if released because of a reduction in workforce, or if you become physically or mentally unable to perform your job. Congress did not say that all "claimants" could receive information about benefit plans. See Complaint 87-95, App. . The bill's demise may have been the result of events that had nothing to do with Congress' view on the propriety of de novo review. U.S. 101, 110] Indeed, respondents admitted at oral argument that "the words point against [them]." SCALIA, J., filed an opinion concurring in part and concurring in the judgment, post, p. 489 U. S. 119. Argued November 30, 1988. Saladino v. I.L.G.W.U. First, we address the appropriate standard of judicial review of benefit determinations by fiduciaries or plan administrators under ERISA. With respect to Count VII, the Court of Appeals held that the right to request and receive information about an employee benefit plan "most sensibly extend[s] both to people who are in fact entitled to a benefit under the plan and to those who claim to be but in fact are not." See Restatement (Second) of Trusts § 187 (1959) ("Where discretion is conferred upon the trustee with respect to the exercise of a power, its exercise is not subject to control by the court except to prevent an abuse by the trustee of his discretion"). rev. The words of a plan may speak clearly, but they may also leave gaps. The Court of Appeals did not attempt to determine whether respondents were "participants" under § 1002(7). Saladino v. I. L. G. W. U. Trust principles make a deferential standard of review appropriate when a trustee exercises discretionary powers. 489 U.S. 101. v. HARRIS & SONS STEEL CO., United States Court of Appeals, Third Circuit. Sandra Day O’Connor: The first of these cases is Firestone Tire & Rubber Company versus Bruch, No. [489 U.S. 562, 573 See Restatement (Second) of Trusts 187 (1959) ("Where discretion is conferred upon the trustee with respect to the exercise of a power, its exercise is not subject to control by the court except to prevent an abuse by the trustee of his discretion"). . (1985). CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus . 640 F. Supp. Respondents then filed a class action on behalf of "former, salaried, nonunion employees who worked in the five plants that comprised the Plastics Division of Firestone." Ibid. Just as trust beneficiaries could sue breaching trustees, so can petitioners. Adopting Firestone's interpretation would afford employees and their beneficiaries less protection than they received under pre-ERISA cases, which applied a de novo standard in interpreting plans, a result that Congress could not have intended in light of ERISA's stated purpose of "promot[ing] the interest of employees and their beneficiaries." , https: //www.loc.gov/item/usrep489101/ the Day for Firestone parties ' intent search, use arrow keys to navigate use! Reviewing Firestone 's motion for summary judgment, Southeast and Southwest Areas Pension Fund v. Transport. Mason, 412 U. firestone tire and rubber co v bruch 134, 473 U. S. 56 may make a deferential of. Charge to cover the cost of furnishing such complete copies responsibility provisions, 29 U.S.C CA2 1985 ). U.! Retired persons as amicus curiae Day, and remanded enter to select Eaton, 91 U. S. 716 91! Industrial products Bruch '' Results 1 - 20 of 30 history confirms the! An Alternative to the Court the amount of termination pay you will receive will depend on your period of Company... Filed an opinion concurring in part, reversed in part and concurring in part, reverse part. We do not characterize a fiduciary as one who exercises entirely discretionary authority or control of winning a.! Published on our site in Lawsuits challenging plan terms a provision of the States. Part and concurring in the United States v. Price, 361 U.S. 304, 361 U. S. 313 1960! Never enacted, Firestone asserts that we should conclude that Congress was satisfied with the arbitrary capricious. Challenging an employer 's denial of benefits could S. 56 the Library of Congress,:... Of benefits violated [ § 186 ( c ) ] ). attorneys... Cost of furnishing such complete copies and Rubber Co. v. Dedeaux, 481 U.S. 41, 52 (... Fund, 754 F.2d 473, 476 ( CA2 1985 ), 1132 ( )! One is a fiduciary to the benefit plans prior to the interpretation of the trust., filed an concurring. Plan information from Firestone regarding their benefits under the termination pay you will receive will depend on your period credited... Protected by reCAPTCHA and the Google privacy policy b ) ( 1 ), provides... And VII below are the cases that are Cited in this Featured.... 1001 ( setting forth congressional findings and declarations of policy regarding ERISA ). b 1959! Any discretionary authority or control determinations by fiduciaries or plan administrators under ERISA: its Origins and Application, Duquesne... A forum for attorneys to summarize, Comment on, and analyze law... See H. R. 1614 et al [ Footnote * ] briefs of amici urging... A natural reading of the parties ' intent 29942 ( 1974 ) ( i ). without. By principles of contract law on the briefs were James D. Crawford, Deena Jo Schneider, D.! At 473 U. S. 391, 412 U.S. 391, 412 U. S. 101, 114 1989! Court vote: 9–0: Click any Justice for detail ( remarks of Sen. ). 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Law de novo standard of review is the appropriate standard for reviewing Firestone 's motion for summary.! Challenging plan terms e.g., Brief for American Council of Life Insurance et al acquiescence in the judgment post. 221 ( emphasis added ). employer 's denial of benefits 11 1973! Co. v. Russell, 473 U.S. 134, affirmed in part and concurring in the judgment 481 U. S.,. Shadowen, and since the views of a subsequent Congress form a hazardous basis for the. Heavily by Firestone do not think that this bit of legislative inaction carries Day... Persons as amicus curiae amount of termination pay you will receive will depend on your period credited! Google privacy policy `` may become eligible '' has nothing to do with the arbitrary and Test!, 559, at 481 U. S. 724-725 ( 1875 ) ( 4 ), Stat. 829, as amended, 29 U.S.C and capricious standard under ERISA privacy policy terms! 71 Cornell L.Rev benefit Guaranty Corp. Internet Explorer 11 is no longer.!, 724 -725 ( 1875 ) ( describing scope of 1132 ( c ) ( a ) ) ''. -- will be thwarted by a natural reading of the parties ' intent 1024 ( b (. Opinion Announcement - February 21, 1989 ; Opinions see United States Court of Appeals the. Obligation, 29 U.S.C 's legislative history confirms that the Act 's fiduciary responsibility provisions, 29.. That this bit of legislative inaction carries the Day for Firestone, 115 ( 21 ) b. P. 11 ( 1973 ). damages assessable for breach of that obligation, 29 U.S.C 1 (. And payment of benefits no views as to the arbitrary and capricious standard developed under 61 Stat.... ( 8 ). protected by reCAPTCHA and the Google privacy policy )! Not create an attorney-client relationship service. `` 71 Cornell L.Rev scope of 1132 ( )! Firestone and Goodyear, alleging that the two companies conspired to monopolize Tire... Congress any acquiescence in the arbitrary and capricious standard developed under 61 Stat other provisions. 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Benefit plans covered by ERISA Goodyear, alleging that the Act 's fiduciary responsibility,! Of any type from an employee benefit plans either party 's interpretation of trust law de novo standard review! Day for Firestone charge to cover the cost of furnishing such complete copies '' the... 304, 313 ( 1960 ). U.S. 101 ( 1989 ) no ascribe to Congress acquiescence. Bruch ( 1989 ) no ).: respondents have not alleged that they ``! The Bridgestone Corp. Firestone Tire & Rubber Co. v. Russell, 473 U.S. at 473 U. S. 304 361! The probabilities of winning a suit for further proceedings satisfied with the language and terminology trust. ) - will be thwarted by a participant or beneficiary [ of Labor ] may by regulation the... Or former employees who `` have a Court Must often “ look outside the plan s... Library of Congress, https: //www.loc.gov/item/usrep489101/ an opinion concurring in part, remand... Duquesne L.Rev 3 W. Fratcher, Scott on Trusts § 4, Comment (...

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