Case: 12-10754 Date Filed: 07/13/2012 Page: 1 of 4
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 12-10754
Non-Argument Calendar
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D.C. Docket No. 1:10-cv-22750-MGC
EUGENE MORRIS,
a.k.a. Mercury,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellant,
versus
NATIONAL FOOTBALL LEAGUE
RETIREMENT BOARD,
llllllllllllllllllllllllllllllllllllllll Defendant - Appellee.
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Appeal from the United States District Court
for the Southern District of Florida
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(July 13, 2012)
Before HULL, MARTIN and BLACK, Circuit Judges.
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PER CURIAM:
Eugene “Mercury” Morris, proceeding pro se, appeals from the grant of
summary judgment in favor of the National Football League Retirement Board in
his claim for benefits under the Bert Bell/Pete Rozelle NFL Player Retirement
Plan, pursuant to the Employee Retirement Income Security Act (ERISA), 29
U.S.C. § 1132(a). Morris contends the district court erred in determining that a
1991 Settlement Agreement and Specific Release, which settled his tort claims
relating to disability benefits against the Retirement Plan, did not affect his
retirement benefits. Morris asserts the district court should not have granted
deference to the Retirement Board in reviewing its decision, because the 1991
Settlement is not a part of the Retirement Plan and therefore is not governed by
ERISA, and that a proper de novo review would reveal that the 1991 Settlement
restored his full retirement benefits.
ERISA provides no standard for reviewing decisions of plan administrators
or fiduciaries. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 109 (1989).
Based on Supreme Court guidance, however, we have established a six-step
framework to guide courts in reviewing an ERISA plan administrator’s benefits
decisions, as follows:
(1) Apply the de novo standard to determine whether the claim
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administrator's benefits-denial decision is “wrong” (i.e., the court
disagrees with the administrator's decision); if it is not, then end the
inquiry and affirm the decision.
(2) If the administrator's decision in fact is “de novo wrong,” then
determine whether he was vested with discretion in reviewing claims;
if not, end judicial inquiry and reverse the decision.
(3) If the administrator's decision is “de novo wrong” and he was
vested with discretion in reviewing claims, then determine whether
“reasonable” grounds supported it (hence, review his decision under
the more deferential arbitrary and capricious standard).
(4) If no reasonable grounds exist, then end the inquiry and reverse
the administrator's decision; if reasonable grounds do exist, then
determine if he operated under a conflict of interest.
(5) If there is no conflict, then end the inquiry and affirm the decision.
(6) If there is a conflict, the conflict should merely be a factor for the
court to take into account when determining whether an
administrator's decision was arbitrary and capricious.
Blankenship v. Metro. Life Ins. Co., 644 F.3d 1350, 1354-55 (11th Cir.) cert.
denied, 132 S. Ct. 849 (2011).
The Retirement Board’s decision was de novo correct, and thus survives
scrutiny under either a de novo or arbitrary and capricious standard. The
Retirement Board correctly concluded that Section 9 of the 1991 Settlement does
not affect in any way Morris’s retirement benefits, as the plain language indicates
that its only purpose was to prevent the 1991 Settlement from waiving,
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diminishing, altering or modifying his then-existing retirement benefits. The
Retirement Board was therefore correct in deciding that Morris was not entitled to
100% of his retirement benefits because he had previously received a 25%
reduction of his retirement benefits in 1980 in the form of an Early Payment
Benefit. Thus, we affirm the district court’s grant of summary judgment to the
National Football League Retirement Board.
AFFIRMED.
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