Order Granting In Part And Denying In Part Defendants’ Supplemental Motion For Summary Judgment
HON. GONZALO P. CURIEL, United States District Judge
On October 28, 2016, Defendants filed a supplemental brief in support of their motion for summary judgment following remand. On November 10, 2016, Plaintiffs filed a supplemental brief in opposition to Defendants’ motion for summary judgment following remand. On November 18, 2016, Defendants filed a reply brief. A hearing was held on December 16, 2016. At the hearing, the Court noted additional briefing was needed on certain issues, and on December 19, 2016, the Court issued an order directing the parties to address three issues that were not fully briefed in their supplemental briefs. On January 6, 2017, Defendants filed a supplemental brief in response to the Courts order. Plaintiffs filed a response and Defendants filed a reply. After a review of all the briefs, supporting documentation, hearing oral argument, and the applicable law, the Court GRANTS in part and DENIES in part Defendants’ supplemental motion for summary judgment following remand.
The Court sought additional briefing on:
1. whether equitable tolling applies to 29 U.S.C. § 1113 as to Moyle2. whether “date of discovery of such breach or violation” under the “fraud or concealment” exception differs from the “actual knowledge of the breach or violation”3. whether Defendants have waived the affirmative defense of statute of limitations.
Is The Orpp Now Law
Yes. In 2015 a very brief piece of legislation was adoptedwithout many specifics. On April 14, 2016 the Ontario governmentreleased Bill 186, the Ontario Retirement Pension Plan Act, 2016. It is50 pages of legislative details about the new regime. More detailshave been promised in regulations that will be released in thesummer of 2016.
Massachusetts Compensation Disclosure Law
Named Executive Officer and Director Compensation Disclosures for 2021
The following tables and related footnotes provide information to the members of Liberty Mutual Holding Company Inc. regarding the compensation provided in fiscal year 2021 to the Companys chief executive officer, principal financial officer, its three other most highly compensated executive officers or other former executive officers , and its directors, all as required by Section 19X of Chapter 175 of the Massachusetts General Laws .
The Disclosure Statute is also applicable to Liberty Mutual Mid-Atlantic Insurance Company and Montgomery Mutual Insurance Company. Both of these entities are mutual insurance companies domiciled in Massachusetts and controlled by the Company . The Company notes that none of the executive officers or directors of the Liberty MA Mutual Companies received any compensation from their respective companies in 2021.
Table 1: Compensation Paid to Named Executive Officers 2019 2021
Name and Principal Position*
Long, David President and Chief Executive Officer
Peirce, Christopher EVP and Chief Financial Officer
Sweeney, Timothy President, Liberty Mutual
Bhalla Johnson, Neeti EVP and President, Global Risk Solutions
Langwell, Dennis EVP and President, Global Risk Solutions
Table 1: Compensation Paid to Named Executive Officers 2019 2021
Table 2: AUs and RUs Awarded 2019-2021
Table 3: AUs and RUs Redeemed 2019-2021
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E Equitable Tolling As To Plaintiff Moyle
Lastly, Moyle argues that his claims should be equitably tolled during the time periods when his 2002, 2003 and 2005 lawsuits were pending or being appealed, and his administrative claim was being processed. Defendants argue that Moyle has failed to cite any authority that applies equitable tolling to ERISA to any of these time periods. Further, Defendants argue that even if the Court tolls the applicable time limits for the period that the 2005 lawsuit was pending and Moyle exhausted his administrative remedies, the claim is untimely. In his initial supplemental opposition to the motion for summary judgment, , Moyle argued that state equitable tolling applies to him however, in his supplemental opposition pursuant to the Courts order, , he shifts course arguing that federal equitable tolling applies to him.
The next question is whether Moyle is entitled to equitable tolling of the six year statute of limitations under the “fraud or concealment” exception from the filing of the 2005 federal complaint until his claims were dismissed by the district court and the ruling was affirmed by the Ninth Circuit. Defendants argue that Moyle should receive, at most, tolling for the period during which the case was pending at the district court level.
F. Equitable Relief under 29 U.S.C. § 1132
To the extent Plaintiffs Arwood and Rollasons claims are barred by the statute of limitations, the equitable relief analysis only applies to Plaintiffs Moyle and Sanders.
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Whether Plaintiffs Have Identified A Breach By A Fiduciary
Defendants argue that Michael Plavnicky, the individual that Plaintiffs allege committed the breach of duty by misrepresenting they would receive past service credit for purposes of benefit accrual, was not a plan fiduciary when he made those alleged statements. Plaintiffs respond to another argument raised by Defendants that LMIC Liberty Mutual and LMGI are not fiduciaries as to count four and argue that Liberty Mutual and LMGI engaged in fiduciary conduct and delegated administration to the Retirement Board, who delegated drafting SPDs to the Human Resources Director.
ERISA defines fiduciary as the following,
a person is a fiduciary with respect to a plan to the extent he exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management or disposition of its assets, he renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or he has any discretionary authority or discretionary responsibility in the administration of such plan.
What Does Liberty Mutual Offer
PEBB members may receive a discount of up to 12 percent off Liberty Mutuals auto insurance rates and up to 5 percent off Liberty Mutual’s home insurance rates. In addition to the discount, Liberty Mutual also offers:
- Discounts based on your driving record, age, auto safety features, and more.
- A 12-month rate guarantee on their competitive rates.
- Up to an additional 7.5 percent payroll discount on your auto insurance.
- Convenient payment options including automatic payroll deduction, electronic funds transfer, or direct billing at home.
- Prompt claims service with access to local representatives.
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Health Care Spending Accounts:
Health Care Spending Accounts are similar to chequing accounts. Amounts are allocated to each employee’s account each year and the employee uses the account to pay for health and dental expenses that are not covered under his/her benefit plan, or for deductibles and co-insurance. These accounts can be provided on a stand-alone basis within a traditional benefits plan or as part of a flexible benefits plan. A more detailed description can be found in the section titled Health Care Spending Accounts.
Two important considerations when designing a flexible benefits plan are waivers of coverage and anti-selection:
Employee Recognition & Appreciation
We believe in recognizing and appreciating each other for the energy, effort, pride and passion we bring to work every day. Shine, our employee recognition program, is just one of the multiple ways we accomplish this. Through Shine, you will have the opportunity to give and receive eCards and points, which can be redeemed for awards of your choosing.
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Retirees Sue Liberty Mutual For Retirement Health Coverage
The plaintiffs in a new ERISA lawsuit say Liberty Mutual is not meeting the terms of summary plan descriptions sent to certain employees after the companys 2008 Safeco acquisition.
A proposed class of plaintiffs has filed a new Employee Retirement Income Security Act lawsuit against Liberty Mutual Insurance Co. and its retirement and health care plans.
The lawsuit, filed in the U.S. District Court for the District of Massachusetts, accuses Liberty Mutual of failing to provide to certain former employees a valuable set of allegedly promised medical benefits, including post-retirement health care coverage benefits under the Liberty Mutual Health Plan.
Plaintiffs say the summary plan descriptions that regularly went to employees describing the health care plan, and additional statements by Liberty personnel, all promised these valuable post-retirement medical benefits commensurate with their years of service, or consistent with their hire date.
The lawsuit states that the lead plaintiff and hundreds of his colleagues were part of Safeco when Liberty Mutual acquired that company in about 2008. According to the complaint, when the lead plaintiff retired in 2019, he had worked for 38 years for Safeco/Liberty Mutual.
Liberty Mutual even refused to fairly respond to inquiries and requests for plan information even though it, as a fiduciary, had an obligation to comply, the complaint states.
Will It Go Away If The Canada Pension Plan Is Enhanced
Don’t count on it. Federal, provincial and territorialfinance ministers will be meeting in June of 2016 to discusspossible changes to the CPP. It’s a long and uncertainpolitical road to get to an enhanced CPP. It may never happen.Meanwhile, the Premier of Ontario has repeatedly said that theOntario government is pressing ahead with the ORPP.
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What Is The Best Part About Your Compensation Package
Bonus structure is incredible for everyone, especially high performers
Pension is a huge factor.
Pension is a huge bonus
Tuition reimbursment savings olan and health plan
401k and pension plan, total 9%
Pension and 401k, commission and compensation
The roth IRA is the best part
Well above industry standard pay
I greatly appreciate the health care coverage. Prior to my job i was paying for health insurance out of pocket, which was a pretty penny
A diverse set of ways to make the best decision to help out, in benefits, investing and compensation.
Transparency, both for base and incentive compensation.
Pay is competitive and retirement benefits are superb. We have maximum match 401k AND a pension.
Review from Operations Dept
When Is The Orpp Coming Into Effect
The Ontario government recently changed the effective dates.It’s likely that the following schedule is final.
Employers who had an active registered pension plan on August11, 2015, are exempt until January 1, 2020. It doesn’tmatter if their existing plan does not currently qualify as”comparable” under the ORPP rules. It doesn’t matterif their existing pension plan doesn’t apply to all of theiremployees. All of those lucky employers have until January 1, 2020to decide how to react to the ORPP.
All other employers of Ontario workers will berequired to start making contributions to the ORPP on the followingdates, unless they adopt a “comparable” registeredpension plan:
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When Will This All Happen
Employers will be rolled into the ORPP in”waves.”
- Medium employers and large employers without registeredworkplace plans are scheduled to begin contributions to the ORPPeffective January 1, 2018.
- Small employers without registered workplace pension plans are scheduledto begin contributions to the ORPP effective January 1, 2019.
- Employers who have a registeredworkplace pension plan effective August 11, 2015 that either doesnot cover all employees or does not meet the requirements for aComparable Plan are to begin contributions to the ORPP effectiveJanuary 1, 2020.
If an employer who does not have a workplace pension planestablishes a Comparable Plan for all of its employees prior to itsrequired enrolment date, that employer will not be required toenrol in the ORPP.
A Legal Standard On Motion For Summary Judgment
Federal Rule of Civil Procedure 56 empowers the Court to enter summary judgment on factually unsupported claims or defenses, and thereby “secure the just, speedy and inexpensive determination of every action.” Celotex Corp. v. Catrett, 477 U.S. 317, 325, 327, 106 S.Ct. 2548, 91 L.Ed.2d 265 . Summary judgment is appropriate if 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 judgment as a matter of law.” Fed. R. Civ. P. 56. A fact is material when it affects the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 .
The moving party bears the initial burden of demonstrating the absence of any genuine issues of material fact. Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548. The moving party can satisfy this burden by demonstrating that the nonmoving party failed to make a showing sufficient to establish an element of his or her claim on which that party will bear the burden of proof at trial. Id. at 32223, 106 S.Ct. 2548. If the moving party fails to bear the initial burden, summary judgment must be denied and the court need not consider the nonmoving partys evidence. Adickes v. S.H. Kress & Co., 398 U.S. 144, 15960, 90 S.Ct. 1598, 26 L.Ed.2d 142 .
Moyle V Liberty Mut Ret Benefit Plan
CASE NO. 10cv2179GPC
Geoffrey MOYLE, an individual Pauline Arwood, an individual Thomas Rollason, an individual and Jeannie Sanders, an individual, on behalf of themselves, Plaintiff, v. LIBERTY MUTUAL RETIREMENT BENEFIT PLAN Liberty Mutual Retirement Plan Retirement Board Liberty Mutual Insurance Group, Inc., a Massachusetts company Liberty Mutual Insurance Company, a Massachusetts company, Defendants.
Alex M. Tomasevic, Tracy J. Jones, Craig McKenzie Nicholas, Nicholas and Tomasevic LLP, Georg Capielo, Jack B. Winters, Jr., Sarah D. Ball, Law Offices of Winters and Associates, Matthew B. Butler, The Butler Firm, MeiYing M. Imanaka, Solomon Ward Seidenwurm & Smith, LLP, Andrew Cole Myers, Sweeney, Greene & Roberts LLP, San Diego, CA, for Plaintiff. Aimee E. Axelrod, Amber GardinaQuintanilla, Jackson Lewis, P.C., Jennifer L. Santa Maria, Ogletree Deakins Nash Smoak & Stewart, P.C., San Diego, CA, Ashley Bryan Abel, Julia M. Ebert, Robert M. Wood, Jackson Lewis LLP, Greenville, SC, for Defendants.
HON. GONZALO P. CURIEL, United States District Judge
Alex M. Tomasevic, Tracy J. Jones, Craig McKenzie Nicholas, Nicholas and Tomasevic LLP, Georg Capielo, Jack B. Winters, Jr., Sarah D. Ball, Law Offices of Winters and Associates, Matthew B. Butler, The Butler Firm, MeiYing M. Imanaka, Solomon Ward Seidenwurm & Smith, LLP, Andrew Cole Myers, Sweeney, Greene & Roberts LLP, San Diego, CA, for Plaintiff.
Why Do You Feel Undervalued And What Would Make You Feel Better About Your Compensation
year after year i receive high marks and very high production no raise has been above 3%. Salaries lag 20-30% behind other companies, especially in last 5 years. Now everyone can work from home.
For long-term employees, their pay doesn’t keep pace with the market. Routinely people come in from the outside making more .
Better pay and more chances for advancement
I switched jobs and got about 60 percent more. They refused to acknowledge I worked at a higher job level, or that I did the work of two people.
Would always like more money and with us working in N Ireland we do not get the same benefits as ROI re discounts
We have taken over more challenging work without a pay increase
Review from Admin Dept
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Protection For Benefit Plans
Professionals who manage employee benefit plans carry enormous legal and ethical responsibilities. The organizations that provide pensions and similar plans hold not just employee funds, but their trust. If something goes wrong, fiduciary liability insurance provides an important layer of protection.
Our employee benefit plan fiduciary liability insurance solution helps protect directors, officers, and other fiduciaries as well as employee benefit plans against risks related to the Employee Retirement Income Security Act .
Very Importantthe Information On This Page Is For People Going Through A Divorce Or Attorneys Helping Their Clientsdo Not Call Qdrodesk For Retirement Account Information Unless It Is In Regards To A Divorce Qdrodesk Is A Private Company That Only Helps With The Divorce Process It Is Not Related Or Connected To The Retirement Account Listed On This Page This Page Is Provided For Informational Purposes Only
LIBERTY MUTUAL RETIREMENT BENEFIT PLAN
LIBERTY MUTUAL RETIREMENT BENEFIT PLAN is a Defined Benefit Plan providing retirees with a predetermined monthly retirement benefit upon reaching a specific age. The retirement benefit paid to a retiree is typically calculated using a formula which often employs years of credited service under the plan and salary information. The retirement benefit is typically payable to the employee upon attainment of their normal retirement age for the remainder of his/her lifetime. Benefits under this type of plan are often referred to as accrued benefits. This type of plan does not maintain individual accounts for employees.
It is important to remember that under this type of plan, the Alternate Payee is typically not awarded a lump sum cash payment from the Plan. It is usually a requirement of the Plan that the amount awarded to the Alternate Payee be expressed in terms of a monthly benefit payable for either the lifetime of the Participant or the Alternate Payee.
Plan & Company Information:LIBERTY MUTUAL GROUP INC