Massachusetts Mutual Life Insurance v. Russell
Supreme Court of the United States6/27/1985
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[[COURTLISTENER_SUBOPINION {"id":"9430150","type":"020lead","part":"majority","author":"Stevens","source_field":"html_with_citations"}]]
*136 Justice Stevens delivered the opinion of the Court. The question presented for decision is whether, under the Employee Retirement Income Security Act of 1974 (ERISA), a fiduciary to an employee benefit plan may be held personally liable to a plan participant or beneficiary for extra-contractual compensatory or punitive damages caused by improper or untimely processing of benefit claims. Respondent Doris Russell, a claims examiner for petitioner Massachusetts Mutual Life Insurance Company (hereafter petitioner), is a beneficiary under two employee benefit plans administered by petitioner for eligible employees. Both plans are funded from the general assets of petitioner and both are governed by ERISA. In May 1979 respondent became disabled with a back ailment. She received plan benefits until October 17, 1979, when, based on the report of an orthopedic surgeon, petitionerâs disability committee terminated her benefits. On October 22, 1979, she requested internal review of that decision and, on November 27, 1979, submitted a report from her own psychiatrist indicating that she suffered from a psychosomatic disability with physical manifestations rather than an orthopedic illness. After an examination by a second psychiatrist on February 15, 1980, had confirmed that respondent was temporarily disabled, the plan administrator reinstated her benefits on March 11, 1980. Two days later retroactive benefits were paid in full. 1 Although respondent has been paid all benefits to which she is contractually entitled, she claims to have been injured by the improper refusal to pay benefits from October 17, 1979, when her benefits were terminated, to March 11, 1980, when her eligibility was restored. Among other allegations, she asserts that the fiduciaries administering petitionerâs employee benefit plans are high-ranking company officials who *137 (1) ignored readily available medical evidence documenting respondentâs disability, (2) applied unwarrantedly strict eligibility standards, and (3) deliberately took 132 days to process her claim, in violation of regulations promulgated by the Secretary of Labor. 2 The interruption of benefit payments allegedly forced respondentâs disabled husband to cash out his retirement savings which, in turn, aggravated the psychological condition that caused respondentâs back ailment. Accordingly, she sued petitioner in the California Superior Court pleading various causes of action based on state law and on ERISA. Petitioner removed the case to the United States District Court for the Central District of California and moved for summary judgment. The District Court granted the motion, holding that the state-law claims were pre-empted by ERISA and that âERISA bars any claims for extra-contractual damages and punitive damages arising out of the original denial of plaintiffâs claims for benefits under the Salary Continuance Plan and the subsequent review thereof.â App. to Pet. for Cert. 29a. On appeal, the United States Court of Appeals for the Ninth Circuit affirmed in part and reversed in part. 722 F. 2d 482 (1983). Although it agreed with the District Court that respondentâs state-law causes of action were pre-empted by ERISA, it held that her complaint alleged a cause of action under ERISA. See id., at 487-492 . The court reasoned that the 132 days 3 petitioner took to process respondentâs claim violated the fiduciaryâs obligation to process claims in good faith and in a fair and diligent manner. Id., at *138 488 . The court concluded that this violation gave rise to a cause of action under § 409(a) that could be asserted by a plan beneficiary pursuant to § 502(a)(2). Id., at 489-490. It read the authorization in § 409(a) of âsuch other equitable or remedial relief as the court may deem appropriateâ as giving it âwide discretion as to the damages to be awarded,â including compensatory and punitive damages. Id., at 490-491. According to the Court of Appeals, the award of compensatory damages shall âremedy the wrong and make the aggrieved individual whole,â which meant not merely contractual damages for loss of plan benefits, but relief âthat will compensate the injured party for all losses and injuries sustained as a direct and proximate cause of the breach of fiduciary duty,â including âdamages for mental or emotional distress.â Id., at 490. Moreover, the liability under § 409(a) âis against the fiduciary personally, not the plan.â Id., at 490, n. 8. The Court of Appeals also held that punitive damages could be recovered under § 409(a), although it decided that such an award is permitted only if the fiduciary âacted with actual malice or wanton indifference to the rights of a participant or beneficiary.â Id., at 492. The court believed that this result was supported by the text of § 409(a) and by the congressional purpose to provide broad remedies to redress and prevent violations of the Act. We granted certiorari, 469 U. S. 816 (1984), to review both the compensatory and punitive components of the Court of Appealsâ holding that § 409 authorizes recovery of extra-contractual damages. 4 Respondent defends the judgment of the Court of Appeals both on its reasoning that § 409 provides an express basis for extracontractual damages, as well as by arguing that in any event such a private remedy should be inferred under the analysis employed in Cort v. Ash, 422 U. S. 66, 78 (1975). We reject both arguments. *139 r-H As its caption implies, § 409(a) establishes âliability for BREACH of fiduciary duty.â 5 Specifically, it provides: â(a) Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries by this title shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. A fiduciary may also be removed for a violation of section 411 of this Act.â 6 88 Stat. 886 , 29 U. S. C. § 1109 (a). Sections 501 and 502 authorize, respectively, criminal and civil enforcement of the Act. While the former section provides for criminal penalties against any person who willfully violates any of the reporting and disclosure requirements of the Act, 7 the latter section identifies six types of civil actions *140 that may be brought by various parties. Most relevant to our inquiry is § 502(a), which provides in part: âA civil action may be broughtâ â(1) by a participant or beneficiaryâ â(A) for the relief provided for in subsection (c) of this section, or â(B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan; â(2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 409 _â 88 Stat. 891 , 29 U. S. C. § 1182 (a). There can be no disagreement with the Court of Appealsâ conclusion that § 502(a)(2) authorizes a beneficiary to bring an action against a fiduciary who has violated §409. Petitioner contends, however, that recovery for a violation of § 409 inures to the benefit of the plan as a whole. We find this contention supported by the text of § 409, by the statutory provisions defining the duties of a fiduciary, and by the provisions defining the rights of a beneficiary. The Court of Appealsâ opinion focused on the reference in § 409 to âsuch other equitable or remedial relief as the court may deem appropriate.â But when the entire section is examined, the emphasis on the relationship between the fiduciary and the plan as an entity becomes apparent. Thus, not only is the relevant fiduciary relationship characterized at the outset as one âwith respect to a plan,â but the potential personal liability of the fiduciary is âto make good to such plan any losses to the plan . . . and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan . . . .â 8 *141 To read directly from the opening clause of § 409(a), which identifies the proscribed acts, to the âcatchallâ remedy phrase at the end â skipping over the intervening language establishing remedies benefiting, in the first instance, solely *142 the plan â would divorce the phrase being construed from its context and construct an entirely new class of relief available to entities other than the plan. Cf. FMC v. Seatrain Lines, Inc., 411 U. S. 726, 734 (1973); United States v. Jones, 131 U. S. 1, 19 (1889). This âblue pencilâ method of statutory interpretation â omitting all words not part of the clauses deemed pertinent to the task at hand â impermissibly ignores the relevant context in which statutory language subsists. See Jarecki v. G. D. Searle & Co., 367 U. S. 303, 307 (1961). In this case, this mode of interpretation would render superfluous the preceding clauses providing relief singularly to the plan, and would slight the language following after the phrase âsuch other equitable or remedial relief.â Congress specified that this remedial phrase includes âremoval of such fiduciaryâ â an example of the kind of âplan-relatedâ relief provided by the more specific clauses it succeeds. A fair contextual reading of the statute makes it abundantly clear that its draftsmen were primarily concerned with the possible misuse of plan assets, and with remedies that would protect the entire plan, rather than with the rights of an individual beneficiary. 9 It is of course true that the fiduciary obligations of plan administrators are to serve the interest of participants and beneficiaries and, specifically, to provide them with the benefits authorized by the plan. But the principal statutory duties imposed on the trustees relate to the proper management, administration, and investment of fund assets, the maintenance of proper records, the disclosure of specified in *143 formation, and the avoidance of conflicts of interest. 10 Those duties are described in Part 4 of Title 1 of the Act, which is entitled âFiduciary Responsibility,â see §§401-414, 88 Stat. 874 -890, 29 U. S. C. §§ 1101-1114 , whereas the statutory provisions relating to claim procedures are found in Part 5, dealing with âAdministration and Enforcement.â §§ 502(a), 503, 88 Stat. 891 , 893, 29 U. S. C. §§ 1132 (a), 1133. The only section that concerns review of a claim that has been denied â §503âmerely specifies that every plan shall comply with certain regulations promulgated by the Secretary of Labor. 11 *144 The Secretaryâs regulations contemplate that a decision âshall be made promptly, and shall not ordinarily be made later than 60 days after the planâs receipt of a request for review, unless special circumstances . . . require an extension of time for processing, in which case a decision shall be rendered as soon as possible, but not later than 120' days after receipt of a request for review.â 29 CFR §2560.503 -l(h)(l)(i) (1984). Nothing in the regulations or in the statute, however, expressly provides for a recovery from either the plan itself or from its administrators if greater time is required to determine the merits of an application for benefits. Rather, the regulations merely state that a claim may be treated as having been denied after the 60- or 120-day period has elapsed. See §2560.503-l(h)(4) (âIf the decision on review is not furnished within such time, the claim shall be deemed denied on reviewâ (emphasis added)). This provision therefore enables a claimant to bring a civil action to have the merits of his application determined, just as he may bring an action to challenge an outright denial of benefits. Significantly, the statutory provision explicitly authorizing a beneficiary to bring an action to enforce his rights under the plan â § 502(a)(1)(B), quoted supra, at 140 â says nothing about the recovery of extracontractual damages, or about the possible consequences of delay in the plan administratorsâ processing of a disputed claim. Thus, there really is nothing at all in the statutory text to support the conclusion that such a delay gives rise to a private right of action for compensatory or punitive relief. And the entire text of §409 persuades us that Congress did not intend that section to authorize any relief except for the plan itself. In short, unlike the Court of Appeals, we do not find in § 409 express authority for an award of extracontractual damages to a beneficiary. 12 *145 I â I HH Relying on the four-factor analysis employed by the Court in Cort v. Ash, 422 U. S., at 78 , 13 respondent argues that a private right of action for extracontractual damages should be implied even if it is not expressly authorized by ERISA. Two of the four Cort factors unquestionably support respondentâs claim: respondent is a member of the class for whose benefit the statute was enacted and, in view of the preemptive effect of ERISA, there is no state-law impediment to implying a remedy. But the two other factors â legislative intent and consistency with the legislative schemeâ point in the opposite direction. And âunless this congressional intent can be inferred from the language of the statute, the statutory structure, or some other source, the essential predicate for implication of a private remedy simply does not exist.â Northwest Airlines, Inc. v. Transport Workers, 451 U. S. 77, 94 (1981). âThe federal judiciary will not engraft a remedy on a statute, no matter how salutary, that Congress did not intend to provide.â California v. Sierra Club, 451 U. S. 287, 297 (1981). The voluminous legislative history of the Act contradicts respondentâs position. It is true that an early version of the *146 statute contained a provision for âlegal or equitableâ relief that was described in both the Senate and House Committee Reports as authorizing âthe full range of legal and equitable remedies available in both state and federal courts.â H. R. Rep. No. 93-533, p. 17 (1973), 2 Leg. Hist. 2364; S. Rep. No. 93-127, p. 35 (1973), 1 Leg. Hist. 621. But that language appeared in Committee Reports describing a version of the bill before the debate on the floor and before the Senate-House Conference Committee had finalized the operative language. 14 In the bill passed by the House of Representatives and ultimately adopted by the Conference Committee the reference to legal relief was deleted. The language relied on by respondent and by the Court of Appeals below, therefore, is of little help in understanding whether Congress intended to make fiduciaries personally liable to beneficiaries for extracontractual damages. The six carefully integrated civil enforcement provisions found in § 502(a) of the statute as finally enacted, however, provide strong evidence that Congress did not intend to authorize other remedies that it simply forgot to incorporate expressly. The assumption of inadvertent omission is rendered especially suspect upon close consideration of ERISAâs interlocking, interrelated, and interdependent remedial scheme, which is in turn part of a âcomprehensive and reticulated statute.â Nachman Corp. v. Pension Benefit Guaranty Corporation, 446 U. S. 359, 361 (1980). If in this case, for example, the plan administrator had adhered to his initial determination that respondent was not entitled to disability benefits under the plan, respondent would have had a panoply of remedial devices at her disposal. To recover the *147 benefits due her, she could have filed an action pursuant to § 502(a)(1)(B) to recover accrued benefits, to obtain a declaratory judgment that she is entitled to benefits under the provisions of the plan contract, and to enjoin the plan administrator from improperly refusing to pay benefits in the future. If the plan administratorâs refusal to pay contractually authorized benefits had been willful and part of a larger systematic breach of fiduciary obligations, respondent in this hypothetical could have asked for removal of the fiduciary pursuant to §§ 502(a)(2) and 409. Finally, in answer to a possible concern that attorneyâs fees might present a barrier to maintenance of suits for small claims, thereby risking underenforcement of beneficiariesâ statutory rights, it should be noted that ERISA authorizes the award of attorneyâs fees. See § 502(g), 88 Stat. 892 , as amended, 29 U. S. C. § 1182 (g)(1). We are reluctant to tamper with an enforcement scheme crafted with such evident care as the one in ERISA. As we stated in Tmnsamerica Mortgage Advisors, Inc. v. Lends, 444 U. S. 11, 19 (1979): â[W]here a statute expressly provides a particular remedy or remedies, a court must be chary of reading others into it.â See also Touche Ross & Co. v. Redington, 442 U. S. 560, 571-574 (1979). âThe presumption that a remedy was deliberately omitted from a statute is strongest when Congress has enacted a comprehensive legislative scheme including an integrated system of procedures for enforcement.â Northwest Airlines, Inc. v. Transport Workers, 451 U. S., at 97 . 15 *148 In contrast to the repeatedly emphasized purpose to protect contractually defined benefits, 16 there is a stark absence â in the statute itself and in its legislative history â of any reference to an intention to authorize the recovery of extracontractual damages. 17 Because âneither the statute nor the legislative history reveals a congressional intent to create a private right of action ... we need not carry the Cort v. Ash inquiry further.â Northwest Airlines, Inc. v. Transport Workers, 451 U. S., at 94, n. 31 . hH I â I i Thus, the relevant text of ERISA, the structure of the entire statute, and its legislative history all support the conclusion that in § 409(a) Congress did not provide, and did not intend the judiciary to imply, a cause of action for extra-contractual damages caused by improper or untimely processing of benefit claims. The judgment of the Court of Appeals is therefore Reversed. Respondent later qualified for permanent disability benefits which have been regularly paid. The regulations, which are authorized by §§ 503, 505, 88 Stat. 893 -894, 29 U. S. C. §§ 1133 , 1135, appear at 29 CFR §2560.503 -l(h) (1984). We discuss them infra, at 144, and n. 11. Petitioner argues that the review period should be measured from November 27, 1979, when respondent submitted her medical evidence, rather than from October 22, 1979, the date she requested review, but for purposes of our decision we accept respondentâs position on this point. Respondent did not file a cross-petition and therefore has not questioned the Court of Appealsâ holding that her state-law causes of action are pre-empted by ERISA. Because respondent relies entirely on § 409(a), and expressly disclaims reliance on § 502(a)(3), we have no occasion to consider whether any other provision of ERISA authorizes recovery of extracontractual damages. Tr. Oral Arg. 31-32. Section 411 prohibits any person who has been convicted of certain enumerated offenses from serving as an administrator or fiduciary of a regulated plan. See 88 Stat. 887 , 29 U. S. C. § 1111 . Section 501 reads as follows: âAny person who willfully violates any portion of part 1 of this subtitle, or any regulation or order issued under any such provision, shall upon conviction be fined not more than $5,000 or imprisoned not more than one year, or both; except that in the case of such violation by a person not an individual, the fine imposed upon such person shall be a fine not exceeding $100,000.â 88 Stat. 891 , 29 U. S. C. § 1131 . Part 1 of the subtitle, which consists of §§ 101-111, imposes elaborate reporting and disclosure requirements on plan administrators. See 88 Stat. 840 -851, 29 U. S. C. §§ 1021-1031 . The Committee Reports also emphasize the fiduciaryâs personal liability for losses to the plan. See H. R. Conf. Rep. No. 93-1280, p. 320 (1974), *141 reprinted in 3 Subcommittee on Labor and Public Welfare of the Senate Committee on Labor and Public Welfare, 94th Cong., 2d Sess., Legislative History of the Employee Retirement Income Security Act of 1974, p. 4587 (Comm, print 1976) (hereinafter Leg. Hist.); S. Rep. No. 93-383, pp. 8, 32, 105 (1973), 1 Leg. Hist. 1076,1100,1173; S. Rep. No. 93-127, p. 33 (1973), 1 Leg. Hist. 619. The floor debate also reveals that the crucible of congressional concern was misuse and mismanagement of plan assets by plan administrators and that ERISA was designed to prevent these abuses in the future. See 120 Cong. Rec. 29932 (1974) (â[T]he legislation imposes strict fiduciary obligations on those who have discretion or responsibility respecting the management, handling, or disposition of pension or welfare plan assetsâ) (remarks of Sen. Williams), reprinted in 3 Leg. Hist. 4743; 120 Cong. Rec. 29951 (1974) (âThis bill will establish judicially enforceable standards to insure honest, faithful, and competent management of pension and welfare fundsâ) (remarks of Sen. Bentsen), reprinted in 3 Leg. Hist. 4795; 120 Cong. Rec. 29954 (1974) (â[Ijnstances have arisen in which pension funds have been used improperly by plan managers and fiduciaries. . . . [T]his bill contains measures designed to reduce substantially the potentialities for abuseâ) (remarks of Sen. Nelson), reprinted in 3 Leg. Hist. 4803; 120 Cong. Rec. 29957 (1974) (âIn addition, frequently the pension funds themselves are abused by those responsible for their management who manipulate them for their own purposes or make poor investments with themâ) (remarks of Sen. Ribicoff), reprinted in 3 Leg. Hist. 4811; 120 Cong. Rec. 29957 (1974) (â[Mjisuse, manipulation, and poor management of pension trust funds are all too frequentâ) (remarks of Sen. Ribicoff), reprinted in 3 Leg. Hist. 4812; 120 Cong. Rec. 29961 (1974) (âThis legislation . . . sets fiduciary standards to insure that pension funds are not mismanagedâ) (remarks of Sen. Clark), reprinted in 3 Leg. Hist. 4823; 120 Cong. Rec. 29194 (1974) (ERISA contains âprovisions to insure fair handling of a workerâs moneyâ) (remarks of Rep. Biaggi), reprinted in 3 Leg. Hist. 4661; 120 Cong. Rec. 29196-29197 (1974) (âThese standards . . . will prevent abuses ... by those dealing with plansâ) (remarks of Rep. Dent), reprinted in 3 Leg. Hist. 4668; 120 Cong. Rec. 29206 (1974) (ERISA imposes âfiduciary and disclosure standards to guard against fraud and abuse of pension fundsâ) (remarks of Rep. Brademas), reprinted in 3 Leg. Hist. 4694. Consistent with this objective, § 502(a)(2), the enforcement provision for §409, authorizes suits by four classes of party-plaintiffs: the Secretary of Labor, participants, beneficiaries, and fiduciaries. Inclusion of the Secretary of Labor is indicative of Congressâ intent that actions for breach of fiduciary duty be brought in a representative capacity on behalf of the plan as a whole. Indeed, the common interest shared by all four classes is in the financial integrity of the plan. Accordingly, ERISA establishes duties of loyalty and care for fiduciaries. With regard to loyalty, the principal provision is § 406, which in general prohibits self-dealing and sales or exchanges between the plan, on the one hand, and âparties in interestâ and âdisqualified persons,â on the other. See 88 Stat. 879 -880, 29 U. S. C. § 1106 . In the same vein, § 408(c)(2) prohibits compensating fiduciaries who are full-time employees of unions or employers. 88 Stat. 885 , 29 U. S. C. § 1108 (c)(2). With regard to the duty of care, §404, among other obligations, imposes a âprudent personâ standard by which to measure fiduciariesâ investment decisions and disposition of assets. See 88 Stat. 877 , 29 U. S. C. § 1104 (a)(1)(B). Section 404 also mandates that âa fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and â (A) for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries.â 88 Stat. 877 , 29 U. S. C. § 1104 (a)(1). Section 503 provides: âIn accordance with regulations of the Secretary, every employee benefit plan shallâ â(1) provide adequate notice in writing to any participant or beneficiary whose claim for benefits under the plan has been denied, setting forth the specific reasons for such denial, written in a manner calculated to be understood by the participant, and â(2) afford a reasonable opportunity to any participant whose claim for benefits has been denied for a full and fair review by the appropriate named fiduciary of the decision denying the claim.â 88 Stat. 893 , 29 U. S. C. § 1133 . The Secretary of Laborâs rulemaking power is contained in § 505, 88 Stat. 894 , 29 U. S. C. § 1135 . In light of this holding, we do not reach any question concerning the extent to which § 409 may authorize recovery of extracontraetual compensatory or punitive damages from a fiduciary by a plan. âIn determining whether a private remedy is implicit in a statute not expressly providing one, several factors are relevant. First, is the plaintiff âone of the class for whose especial benefit the statute was enacted,â Texas & Pacific R. Co. v. Rigsby, 241 U. S. 33, 39 (1916) (emphasis supplied) â that is, does the statute create a federal right in favor of the plaintiff? Second, is there any indication of legislative intent, explicit or implicit, either to create such a remedy or to deny one? See, e. g., National Railroad Passenger Corporation v. National Assn. of Railroad Passengers, 414 U. S. 453, 458, 460 (1974) (Amtrak). Third, is it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff? . . . And finally, is the cause of action one traditionally relegated to state law, in an area basically the concern of the States, so that it would be inappropriate to infer a cause of action based solely on federal law?â Cort v. Ash, 422 U. S., at 78 (citations omitted). This provision, which was part of H. R. 2 as passed by the Senate, provided for â[cjivil actions for appropriate relief, legal or equitable, to redress or restrain a breach of any responsibility, obligation, or duty of a fiduciary.â H. R. 2, §693, 93d Cong., 2d Sess. (Mar. 4, 1974), 3 Leg. Hist. 3816. (It was also part of earlier bills. See S. 4, § 603, 93d Cong., 1st Sess. (Apr. 18. 1973), 1 Leg. Hist. 579; see also S. 1179, § 501(d), 93d Cong., 1st Sess. (Aug. 21, 1973), 1 Leg. Hist. 950.) See Middlesex County Sewerage Authority v. National Sea Clammers Assn., 453 U. S. 1, 14-15 (1981); Texas Industries, Inc. v. Radcliff Materials, Inc., 451 U. S. 630, 639-640 (1981); California v. Sierra Club, 451 U. S. 287, 295, n. 6 (1981); National Railroad Passenger Corporation v. National Assn, of Railroad Passengers, 414 U. S. 453, 458 (1974); Nashville Milk Co. v. Carnation Co., 355 U. S. 373, 375-376 (1958); Switchmen v. National Mediation Board, 320 U. S. 297, 301 (1943); Botany Worsted Mills v. United States, 278 U. S. 282, 289 (1929). See, e. g., Nachman Corp. v. Pension Benefit Guaranty Corporation, 446 U. S. 359, 374-375 (1980); 120 Cong. Rec. 29196 (1974), 3 Leg. Hist. 4665; 119 Cong. Rec. 30041 (1973), 2 Leg. Hist. 1633. Indeed, Congress was concerned lest the cost of federal standards discourage the growth of private pension plans. See, e. g., H. R. Rep. No. 93-533, 1, 9 (1973), 2 Leg. Hist. 2348, 2356; 120 Cong. Rec. 29949 (1974), 3 Leg. Hist. 4791; 120 Cong. Rec. 29210-29211 (1974), 3 Leg. Hist. 4706-4707.
[[COURTLISTENER_SUBOPINION {"id":"9430151","type":"030concurrence","part":"concurrence","author":"Brennan","source_field":"html_with_citations"}]]
Justice Brennan, with whom Justice White, Justice Marshall, and Justice Blackmun join, concurring in the judgment. Section 502(a) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U. S. C. § 1132 (a), provides a wide array of measures to employee-benefit plan participants and beneficiaries by which they may enforce their rights under ERISA and under the terms of their plans. A partici *149 pant or beneficiary may file a civil action, for example, (1) âto recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan,â § 502(a)(1)(B); (2) âfor appropriate relief under section 409,â § 502(a)(2); and (3) âto enjoin any act or practice which violates any provision of this title or the terms of the plan, or . . .to obtain other appropriate equitable relief. . .to redress such violations,â § 502(a)(3) (emphasis added). 1 This case presents a single, narrow question: whether the §409 âappropriate reliefâ referred to in § 502(a)(2) includes individual recovery by a participant or beneficiary of extra-contractual damages for breach of fiduciary duty. The Court of Appeals for the Ninth Circuit held that, because §409 broadly authorizes âsuch other equitable or remedial relief as the court may deem appropriate,â 2 participants and benefi *150 ciaries may recover such damages under that section. 722 F. 2d 482, 488-489 (1983). I agree with the Courtâs decision today that §409 is more fairly read in context as providing âremedies that would protect the entire planâ rather than individuals, ante, at 142, and that participants and beneficiaries accordingly must look elsewhere in ERISA for personal relief. Indeed, since § 502(a)(3) already provides participants and beneficiaries with âother appropriate equitable relief. . . to redress [ERISA] violations,â there is no reason to construe §409 expansively in order to bring these individuals under the penumbra of âequitable or remedial relief.â This does not resolve, of course, whether and to what extent extracontractual damages are available under § 502(a)(3). This question was not addressed by the courts below and was not briefed by the parties and amici. Thus the Court properly emphasizes that âwe have no occasion to consider whether any other provision of ERISA authorizes recovery of extracontractual damages.â Ante, at 139, n. 5. Accordingly, we save for another day the questions (1) to what extent a fiduciaryâs mishandling of a claim might constitute an actionable breach of the fiduciary duties set forth in § 404(a), and (2) the nature and extent of the âappropriate equitable relief... to redressâ such violations under § 502(a)(3). There is dicta in the Courtâs opinion, however, that could be construed as sweeping more broadly than the narrow ground of resolution set forth above. Although the Court *151 takes care to limit the binding effect of its decision to the terms of §409 3 its opinion at some points seems to speak generally of whether fiduciaries ever may be held personally liable to beneficiaries for extracontractual damages. 4 Moreover, some of the Courtâs remarks are simply incompatible with the structure, legislative history, and purposes of ERISA. The Courtâs ambiguous discussion is certainly subject to different readings, and in any event is without controlling significance beyond the question of relief under §409. I write separately to outline what I believe is the proper approach for courts to take in construing ERISAâs provisions and to emphasize the issues left open under todayâs decision. Fiduciary Duties in Claims Administration There is language in the Courtâs opinion that might be read as suggesting that the fiduciary duties imposed by ERISA on plan administrators for the most part run only to the plan itself, as opposed to individual beneficiaries. See ante, at 142-144. The Court apparently thinks there might be some significance in the fact that an administratorâs fiduciary duties âare described in Part 4 of Title 1 of the Act . . . whereas the statutory provisions relating to claim procedures are found in Part 5.â Ante, at 143. Accordingly, the Court seems to believe that the duties and remedies associated with claims processing might be restricted to those explicitly spelled out in §§ 502(a)(1)(B) and 503. Ante, at 142-144. To the extent the Court suggests that administrators might not be fully subject to strict fiduciary duties to participants and beneficiaries in the processing of their claims and *152 to traditional trust-law remedies for breaches of those duties, I could not more strongly disagree. As the Court acknowledges in a footnote, ante, at 142, n. 9, § 404(a) sets forth the governing standard that âa fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries and â (A) for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries.â 5 That section also provides that, in carrying out these duties, a fiduciary shall exercise âthe care, skill, prudence, and diligenceâ of a âprudent man acting in like capacity.â The legislative history demonstrates that Congress intended by § 404(a) to incorporate the fiduciary standards of trust law into ERISA, 6 and it is black-letter trust law that fiduciaries *153 owe strict duties running directly to beneficiaries in the administration and payment of trust benefits. 7 The legislative history also shows that Congress intended these fiduciary standards to govern the ERISA claims-administration process. 8 Moreover, the Courtâs suggestion concerning the distinction between Parts 4 and 5 of Title I is thoroughly unconvincing. Section 502(a)(3) authorizes the award of âappropriate equitable reliefâ directly to a participant or beneficiary to âredressâ âany act or practice which violates any provision of this title or the terms of the plan.â 9 This section and *154 §404(a)âs fiduciary-duty standards both appear in Title I, which is entitled âPROTECTION OF EMPLOYEE BENEFIT RIGHTS.â A beneficiary therefore may obtain âappropriate equitable reliefâ whenever an administrator breaches the fiduciary duties set forth in § 404(a). 10 Accordingly, an administratorâs claims-processing duties and a beneficiaryâs corresponding remedies are not at all necessarily limited to the terms of §§ 502(a)(1)(B) and 503. In light of the Courtâs narrow holding, see ante, at 139, n. 5, further consideration of these important issues remains open for another day when the disposition of a controversy might really turn on them. Judicial Construction of ERISA Russell argues that a private right of action for beneficiaries and participants should be read into § 409. Because the Court has concluded that Congressâ intent and ERISAâs overall structure restrict the scope of §409 to recovery on behalf of a plan, ante, at 139-142, such a private right is squarely barred under the standards set forth in Cort v. Ash, 422 U. S. 66, 78 (1975). 11 *155 In disposing of this relatively straightforward issue, the Court makes some observations about the role of courts generally in construing and enforcing ERISA. The Court suggests, for example, that Congress âcraftedâ ERISA with âcarefully integratedâ remedies so as to create an âinterlocking, interrelated, and interdependent remedial schemeâ that courts should not âtamper with.â Ante, at 146, 147. The Courtâs discussion, I say respectfully, is both unnecessary and to some extent completely erroneous. The Court may or may not be correct as a general matter with respect to implying private rights of action under ERISA; as the respondent has sought such an implied right only under §409, 12 we of course cannot purport to resolve this question in the many other contexts in which it might arise under the statute. Moreover, the Courtâs remarks about the constrictive judicial role in enforcing ERISAâs remedial scheme are inaccurate insofar as Congress provided in § 502(a)(3) that beneficiaries could recover, in addition to the remedies explicitly set forth in that section, âother appropriate equitable relief ... to redressâ ERISA violations. Congress already had instructed that beneficiaries could recover benefits, obtain broad injunctive and declaratory relief for their own personal benefit or for the benefit of their plans, and secure attorneyâs fees, so this additional provision can only be read precisely as authorizing federal courts to âfine-tuneâ ERISAâs remedial scheme. Thus while it may well be that courts generally may not find implied private remedies in ERISA, the Courtâs remarks have little bearing on how courts are to go about construing the private remedy that Congress explicitly provided in § 502(a)(8). *156 The legislative history demonstrates that Congress intended federal courts to develop federal common law in fashioning the additional âappropriate equitable relief.â In presenting the Conference Report to the full Senate, for example, Senator Javits, ranking minority member of the Senate Committee on Labor and Public Welfare and one of the two principal Senate sponsors of ERISA, stated that â[i]t is also intended that 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.â 13 Senator Williams, the Committeeâs Chairman and the Actâs other principal Senate sponsor, similarly emphasized that suits involving beneficiariesâ rights âwill be regarded as arising under the laws of the United States, in similar fashion to those brought under section 301 of the Labor Management Relations Act.â 14 Section 301, of course, âauthorizes federal courts to fashion a body of federal lawâ in the context of collective-bargaining agreements, to be derived by âlooking at the policy of the legislation and fashioning a remedy that will effectuate that policy.â Textile Workers v. Lincoln Mills, 353 U. S. 448, 451, 457 (1957). 15 ERISAâs legislative history also demonstrates beyond question that Congress intended to engraft trust-law principles onto the enforcement *157 scheme, see n. 6, supra, and a fundamental concept of trust law is that courts âwill give to the beneficiaries of a trust such remedies as are necessary for the protection of their interests.â 16 Thus ERISA was not so âcarefully integratedâ and âcraftedâ as to preclude further judicial delineation of appropriate rights and remedies; far from barring such a process, the statute explicitly directs that courts shall undertake it. The Court today expressly reserves the question whether extracontractual damages might be one form of âother appropriate reliefâ under § 502(a)(3). Ante, at 139, n. 5. I believe that, in resolving this and other questions concerning appropriate relief under ERISA, courts should begin by ascertaining the extent to which trust and pension law as developed by state and federal courts provide for recovery by the beneficiary above and beyond the benefits that have been withheld; 17 this is the logical first step, given that Congress intended to incorporate trust law into ERISAâs equitable remedies. 18 If a requested form of additional relief is *158 available under state trust law, courts should next consider whether allowance of such relief would significantly conflict with some other aspect of the ERISA scheme. In addition, courts must always bear in mind the ultimate consideration whether allowance or disallowance of particular relief would best effectuate the underlying purposes of ERISA â enforcement of strict fiduciary standards of care in the administration of all aspects of pension plans and promotion of the best interests of participants and beneficiaries. See supra, at 152-153. I concur in the judgment of the Court. Section 502(a), 88 Stat. 891 , 29 U. S. C. § 1132 (a), provides in full: âA civil action may be broughtâ â(1) by a participant or beneficiaryâ â(A) for the relief provided for in subsection (e) of this section, or â(B) to recover benefits due to him under the terms of his plan, to enforce his rights under the terms of the plan, or to clarify his rights to future benefits under the terms of the plan; â(2) by the Secretary, or by a participant, beneficiary or fiduciary for appropriate relief under section 409; â(3) by a participant, beneficiary, or fiduciary (A) to enjoin any act or practice which violates any provision of this title or the terms of the plan, or (B) to obtain other appropriate equitable relief (i) to redress such violations or (ii) to enforce any provisions of this title or the terms of the plan; â(4) by the Secretary, or by a participant, or beneficiary for appropriate relief in the case of a violation of [section] 105(c); â(5) except as otherwise provided in subsection (b), by the Secretary (A) to enjoin any act or practice which violates any provision of this title, or (b) to obtain other appropriate equitable relief (i) to redress such violation or (ii) to enforce any provision of this title; or â(6) by the Secretary to collect any civil penalty under subsection (i).â Section 409, 88 Stat. 886 , 29 U. S. C. § 1109 , provides: â(a) Any person who is a fiduciary with respect to a plan who breaches any of the responsibilities, obligations, or duties imposed upon fiduciaries *150 by this title shall be personally liable to make good to such plan any losses to the plan resulting from each such breach, and to restore to such plan any profits of such fiduciary which have been made through use of assets of the plan by the fiduciary, and shall be subject to such other equitable or remedial relief as the court may deem appropriate, including removal of such fiduciary. A fiduciary may also be removed for a violation of section 411 of this Act. â(b) No fiduciary shall be liable with respect to a breach of fiduciary duty under this title if such breach was committed before he became a fiduciary or after he ceased to be a fiduciary.â See, e. g., ante, at 138 (âWe granted certiorari... to review both the compensatory and punitive components of the Court of Appealsâ holding that § 409 authorizes recovery of extracontractual damagesâ); ante, at 138, n. 4; ante, at 144 (â[Wje do not find in § 409 express authority for an award of extracontractual damages to a beneficiaryâ); ante, at 148. See, e. g., ante, at 136, 142-144, 146-148. Section 404(a), 88 Stat. 877 , as amended, 94 Stat. 1296 , 29 U. S. C. § 1104 (a), provides in relevant part: â(1) ... [A] fiduciary shall discharge his duties with respect to a plan solely in the interest of the participants and beneficiaries andâ â(A) for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries; and (ii) defraying reasonable expenses of administering the plan; â(B) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; â(C) by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so; and â(D) in accordance with the documents and instruments governing the plan insofar as such documents and instruments are consistent with the provisions of this title or title IV.â See, e. g., H. R. Rep. No. 93-533, p. 11 (1973) (âThe fiduciary responsibility section, in essence, codifies and makes applicable to . . . fiduciaries certain principles developed in the evolution of the law of trustsâ); id., at 13: âThe principles of fiduciary conduct are adopted from existing trust law, but with modifications appropriate for employee benefit plans. These salient principles place a twofold duty on every fiduciary: to act in his relationship to the planâs fund as a prudent man in a similar situation and under like conditions would act, and to act consistently with the principles of *153 administering the trust for the exclusive purposes previously enumerated, and in accordance with the documents and instruments governing the fund unless they are inconsistent with the fiduciary principles of the section.â See also S. Rep. No. 93-127, pp. 28-29 (1973); H. R. Conf. Rep. No. 93-1280, p. 303 (1974) (â[T]he assets of the employee benefit plan are to be held for the exclusive benefit of participants and beneficiariesâ); 120 Cong. Rec. 29932 (1974) (remarks of Sen. Williams); Central States Pension Fund v. Central Transport, Inc., 472 U. S. 559, 570 (1985) (âCongress invoked the common law of trusts to define the general scope of [fiduciary] authority and responsibilityâ); NLRB v. Amax Coal Co., 453 U. S. 322, 329 (1981) (âWhere Congress uses terms that have accumulated settled meaning under either equity or the common law, a court must infer, unless the statute otherwise dictates, that Congress means to incorporate the established meaning of these termsâ); Leigh v. Engle, 727 F. 2d 113, 122 (CA7 1984); Donovan v. Mazzola, 716 F. 2d 1226, 1231 (CA9 1983); Sinai Hospital of Baltimore, Inc. v. National Benefit Fund For Hospital & Health Care Employees, 697 F. 2d 562, 565-566 (CA4 1982); Donovan v. Bierwirth, 680 F. 2d 263, 271 (CA2), cert. denied, 459 U. S. 1069 (1982). See, e. g., Restatement (Second) of Trusts §182 (1959); G. Bogert & G. Bogert, Law of Trusts § 109 (1973). See, e. g., 120 Cong. Rec. 29929 (1974) (remarks of Sen. Williams) (emphasis added) (ERISA imposes âstrict fiduciary obligations upon those who exercise management or control over the assets or administration of an employee pension or welfare planâ); H. R. Conf. Rep. No. 93-1280, at 301, and n. 1 (re procedures for delegating fiduciary duties, including âallocation or delegation of duties with respect to payment of benefitsâ). The Conference Report emphasized that participants and beneficiaries were entitled under § 502 not only to ârecover benefits due under the planâ *154 and to âclarify rights to receive future benefits under the plan,â but also to obtain other ârelief from breach of fiduciary duty.â Id., at 326-327. See also 120 Cong. Rec. 29933 (1974) (remarks of Sen. Williams) (beneficiaries entitled to recover benefits âas well as to obtain redress of fiduciary violationsâ). Trust-law remedies are equitable in nature, and include provision of monetary damages. See, e. g., G. Bogert & G. Bogert, Law of Trusts and Trustees § 862 (2d ed. 1982) (hereinafter Bogert & Bogert, Trusts and Trustees); Restatement (Second) of Trusts §§ 199, 205 (1959). Thus while a given form of monetary relief may be unavailable under ERISA for other reasons, see infra, at 157-158, it cannot be withheld simply because a beneficiaryâs remedies under ERISA are denominated âequitable.â See also Restatement (Second) of Torts §874, Comment b (1979) (âViolation of Fiduciary Dutyâ) (although â[t]he remedy of a beneficiary against a defaulting or negligent trustee is ordinarily in equity,â the beneficiary is entitled to all redress âfor harm caused by the breach of a duty arising from the relationâ). An implied action for personal recovery is specifically barred under the second and third factors set forth in Cort v. Ash : âis there any indication of *155 legislative intent, explicit or implicit, either to create such a remedy or to deny one?,â and âis it consistent with the underlying purposes of the legislative scheme to imply such a remedy for the plaintiff?â 422 U. S., at 78 . âSection [502] specifically allows beneficiaries to sue under Section [409]. However, even if it did not, a private right of action for participants and beneficiaries could be read into Section [409].â Brief for Respondent 14; see also id., at 2. 120 Cong. Rec. 29942 (1974). Id., at 29933. See also H. R. Conf. Rep. No. 93-1280, at 327 (âAll such actions in Federal or State courts are to be regarded as arising under the laws of the United States in similar fashion to those brought under Section 301 of the Labor-Management Relations Act of 1947â). See also National Society of Professional Engineers v. United States, 435 U. S. 679, 688 (1978) (footnote omitted): âCongress ... did not intend the text of the Sherman Act to delineate the full meaning of the statute or its application in concrete situations. The legislative history makes it perfectly clear that it expected the courts to give shape to the statuteâs broad mandate by drawing on common-law tradition. The Rule of Reason, with its origins in common-law precedents long antedating the Sherman Act, has served that purpose.â It seems to me that ERISA, with its incorporation of trust law, deserves a similarly generous and flexible construction. 3 A. Scott, Law of Trusts § 199, p. 1638 (1967). See also Restatement (Second) of Trusts § 205, and Comment a (1959) (beneficiary entitled to a remedy âwhich will put him in the position in which he would have been if the trustee had not committed the breach of trustâ); Bogert & Bogert, Trusts and Trustees § 862. The absence of such relief under traditional trust law is not necessarily dispositive, however, because âin enacting ERISA Congress made more exacting the requirements of the common law of trusts relating to employee benefit trust funds.â Donovan v. Mazzola, 716 F. 2d, at 1231 (emphasis added); see also Sinai Hospital of Baltimore, Inc. v. National Benefit Fund for Hospital & Health Care Employees, 697 F. 2d, at 565-566 . âWhere the courts are required themselves to fashion a federal rule of decision, the source of that law must be federal and uniform. Yet, state law where compatible with national policy may be resorted to and adopted as a federal rule of decision. . . . Here, of course, there is little federal law to which the court may turn for guidance. State regulation of insurance, pensions, and other such programs, however, provides a pre-existing source of experience and experiment in an area in which there is, as yet, only federal inexperience. Much of what the states have thus far devel *158 oped, particularly in the insurance field, is statutory. In certain areas of public concern, the state legislatures have been quite active in enacting comprehensive regulatory schemes, and state statutory sources of law will no doubt play a major role in the development of a federal common law under ERISA, particularly in defining rights under employee benefit plans.â Wayne Chemical, Inc. v. Columbus Agency Service Corp., 426 F. Supp. 316, 325 (ND Ind.), modified on other grounds, 567 F. 2d 692 (CA7 1977).Case Information
- Court
- Supreme Court of the United States
- Decision Date
- June 27, 1985
- Citation
- 473 U.S. 134
- Status
- Precedential