United States District Court, E.D. Missouri, Eastern Division
TIMOTHY D. DEAN, Plaintiff,
SEAFARERS INTERNATIONAL UNION, et al., Defendants.
MEMORANDUM AND ORDER
CHARLES A. SHAW, UNITED STATES DISTRICT JUDGE.
matter is before the Court on defendant Seafarers
International Union's (“SIU”) motion to
dismiss plaintiff's complaint for failure to state a
claim pursuant to Federal Rule of Civil Procedure 12(b)(6).
Plaintiff has not responded and the time to do so has
expired. For the following reasons, SIU's motion to
dismiss will be granted.
Factual and Procedural Background
an action brought by pro se plaintiff Timothy D. Dean under
the Employee Retirement Income Security Act
(“ERISA”), 29 U.S.C. §§ 1001, et
seq., seeking pension benefits. Plaintiff alleges he
joined the U.S. Merchant Marines in March 1975 and began
employment as a tugboat cook in the steward department in
1976. Plaintiff alleges he was eligible for and participated
in the defendants Seafarers Money Purchase Plan
(“Purchase Plan”) and the Seafarers Money
Purchase Pension Plan (“Pension Plan”) until he
left his position in 1981.
alleges that during the years of 1976 to 1981, he contributed
approximately $85, 000.00 into the Purchase Plan and the
Pension Plan, but was only paid $3, 537.04 after submitting
an application for distribution. Plaintiff attached four
exhibits to his complaint: (1) a Form 1099, issued by the Purchase
Plan, reflecting a gross distribution to plaintiff in the
amount of $3, 367.37; (2) a letter from the Pension Plan to
plaintiff, dated July 22, 2008, reflecting a final net
distribution of his voluntary contributions in the amount of
$169.67; (3) a letter from the Social Security Administration
to plaintiff, dated February 15, 2018, evidencing that
plaintiff has been disabled since April 30, 2010, and
receiving monthly supplemental income benefits; and (4) a
letter from the Pension Plan to plaintiff, dated August 12,
2013, which states in pertinent part:
following are the requirements for the Seafarers Deferred
Vested Pension Benefit:
* Must be the normal retirement age of 65 years.
* Must have accumulated ten years of vesting service (a
vested year is a year in which an employee has at least 125
days of employment service).
According to Plan records for the period 1976 through 1980
you have accumulated approximately 3 years of vesting
service. This is 7 years short of the 10 years required for
the Deferred Vested Pension. Based on the foregoing you are
not eligible for any type of pension from the Plan.
SIU is a voluntary maritime labor association that refers
members and applicants to positions aboard ships and tugboats
that are owned or operated by maritime companies who have
collective bargaining agreements with the SIU. Plaintiff does
not allege that SIU is or was the plan administrator for the
Purchase Plan or Pension Plan.
seeks a determination from this Court that he is owed
additional benefits from the Purchase Plan and the Pension
survive a motion to dismiss under Rule 12(b)(6) for failure
to state a claim upon which relief can be granted, “a
complaint must contain sufficient factual matter, accepted as
true, to ‘state a claim to relief that is plausible on
its face.'” Braden v. Wal-Mart Stores,
Inc., 588 F.3d 585, 594 (8th Cir. 2009) (quoting
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)). A
claim is plausible on its face “when the plaintiff
pleads factual content that allows the court to draw the
reasonable inference that the defendant is liable for the
misconduct alleged.” Iqbal, 556 U.S. at 678.
On a motion to dismiss, the Court accepts as true the factual
allegations contained in the complaint and grants the
plaintiff the benefit of all reasonable ...