UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

ELNORA MAE BOYD, individually and

as personal representative of the

estate of Richard Boyd,

Plaintiff-Appellant,

v. No. 98-1456

WATERFRONT EMPLOYERS ILA

PENSION PLAN, in the ports of South

Carolina,

Defendant-Appellee.

Appeal from the United States District Court

for the District of South Carolina, at Charleston.

David C. Norton, District Judge.

(CA-97-252-18-2)

Argued: March 4, 1999

Decided: July 13, 1999

Before HAMILTON and TRAXLER, Circuit Judges,

and LEE, United States District Judge for the

Eastern District of Virginia,

sitting by designation.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

ARGUED: Howard Wayne Floyd, WAYNE FLOYD LAW OFFICE,

P.A., West Columbia, South Carolina, for Appellant. Marvin DeWitt
Infinger, SINKLER & BOYD, P.A., Charleston, South Carolina, for

Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Plaintiff-Petitioner Elnora (Ella) Mae Boyd brought this action

seeking benefits as the "surviving spouse" of Richard Boyd from

Defendant-Respondent Waterfront Employers - I.L.A. in the Ports of

South Carolina Pension Plan (the "Plan"). The Plan is a defined benefit plan under the Employee Retirement Income Security Act of 1974

("ERISA"). After discovering that Ella and Richard Boyd were never

legally married, the Plan terminated benefits and this termination was

affirmed by the Plan's trustees ("Trustees"). Ms. Boyd sued to reinstate her benefits in South Carolina state court. The Plan removed the

case to district court because it involved benefits under ERISA. After

a bench trial, the district court upheld the Trustees' decision. For the

reasons stated below, we affirm the decision of the district court.

Plaintiff Ella Boyd "married" Richard Boyd on July 27, 1967.

Richard Boyd was a member of the Plan. Mr. Boyd was killed in a

job related accident in 1989, at which time the Plan covered him. The

Plan paid Ms. Boyd spousal benefits and life insurance proceeds in

excess of $170,000. Previously, Ms. Boyd had married George Alston

on June 29, 1951. In 1954, the Domestic Relations Court of the

County of Charleston ordered their "legal separation." However, they

were never legally divorced. When Mr. Alston, who was also a member of the same plan, inquired about his benefits, he revealed that he

was not divorced from Ms. Boyd. Upon investigation, the Plan confirmed these facts and terminated payments to Ms. Boyd. We review

this decision.

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According to Ms. Boyd, she and Richard Boyd thought that they

were husband and wife. The couple entered a good faith, licensed ceremonial marriage in 1967, raised three children, and lived together

until Mr. Boyd's death in 1989. Ms. Boyd argues that"beneficiary"

is defined as the person designated by the member, including any person appearing equitably entitled to payment. As she was designated

Richard Boyd's beneficiary under the Plan, Ms. Boyd seeks benefit

payments. Furthermore, she contends that the Plan does not specifically preclude a putative spouse from receiving spousal benefits.

Although the putative spouse doctrine has not been ruled on in South

Carolina, Ms. Boyd contends that an intermediate appellate decision

indicates that it is a viable doctrine. See Lovett v. Lovett, 494 S.E.2d

823, 826 (S.C. Ct. App. 1997) (recognizing that some jurisdictions

have adopted the putative spouse doctrine but declining to address the

issue). Alternatively, Ms. Boyd would like the question certified to

the South Carolina Supreme Court as the Second Circuit certified a

similar question regarding ERISA benefits and the putative spouse

doctrine. See Grabois v. Jones, 77 F.3d 574 (2d Cir. 1996).

On the contrary, the Plan argues that trustees and administrators

have the primary responsibility for determination of benefit issues and

interpretations of ERISA plan provisions. In this instance, Defendant

contends that both the statute and the cases interpreting the statute

indicate that the Trustees' decision to deny Ms. Boyd benefits was a

reasoned, deliberate, principled decision. Finally, the Plan cautions

that South Carolina has not adopted the putative spouse doctrine.

The parties dispute which standard of review, de novo or abuse of

discretion, applies. Ms. Boyd contends that this Court has de novo

review over all issues presented, particularly whether the district court

applied the correct law when it failed to recognize the putative spouse

doctrine. The Plan argues that when reviewing the Trustees' decision

the Court must apply the abuse of discretion standard.

This Court reviews questions of law de novo.* However, where the

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*Although Ms. Boyd presents her argument as a question of law, there

is no question that the district court applied the law of South Carolina as

it exists. Despite the dicta in the Lovett case, South Carolina has not

adopted the putative spouse doctrine. 494 S.E.2d at 826. Thus, the district court applied the correct law.

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benefit plan gives the administrator or trustee discretionary authority

to determine eligibility or to construe the terms of the plan, the denial

decision must be reviewed for abuse of discretion. Firestone Tire &

Rubber Co. v. Bruch, 489 U.S. 101, 115 (1989). Under this deferential

standard, the trustee's decision will not be disturbed if it is reasonable, even if this Court would have come to a different conclusion

independently. Ellis v. Metropolitan Life Ins. Co., 126 F.3d 228, 232

(4th Cir. 1997). Such a decision is reasonable if it is the result of a

deliberate, principled reasoning process and if it is supported by substantial evidence. Brogan v. Holland, 105 F.3d 158, 161 (4th Cir.

1997).

As a threshold inquiry, the reviewing court determines de novo

whether the ERISA plan confers discretionary authority on the trustee

and if so whether the trustee acted within that discretion. Ellis, 126

F.3d at 233. In this case, the Trustees possessed the discretionary

authority to determine whether Ms. Boyd was entitled to the benefits,

and the denial of benefits was within the scope of their authority. Neither party has disputed this issue. Thus, the Court reviews the Plan's

decision for abuse of discretion.

In determining whether trustees abused their discretion, the Court

considers 1) whether the trustees' interpretation is consistent with the

goals of the plan; 2) whether it might render some language in the

plan meaningless or internally inconsistent; 3) whether the challenged

interpretation is at odds with the procedural and substantive requirements of ERISA itself; 4) whether the provisions at issue have been

applied consistently; and 5) whether the trustees' interpretation is

contrary to the clear language of the plan. Brogan, 105 F.3d at 161.

Section 2.14 of the Plan provides that

"Eligible spouse" shall mean the husband or wife of a Member to whom the Active Member has been married for a

period of at least one year immediately preceding the date

he dies or to whom the Active Member is married on the

date benefits payable to him hereunder (other than a PreRetirement Spouse's Benefit) commence.

South Carolina law forbids a person from having more than one living

spouse. The statute provides that "[a]ll marriages contracted while

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either of the parties has a former wife or husband living shall be

void." S.C. Code Ann. § 20-1-80 (Law. Co-op. 1976). Because Ms.

Boyd never dissolved her first marriage to Mr. Alston, her second

marriage to Richard Boyd was a legal nullity. Day v. Day, 58 S.E.2d

83, 85 (S.C. 1950). Thus, the Plan's decision to terminate benefits is

consistent with the language of the Plan and South Carolina law.

Ms. Boyd only seems to challenge the Plan's discretion concerning

whether the provisions have been applied consistently. She argues

that the Plan paid benefits to another survivor, Clementine Ellis, who

was not the legal wife of the Plan member. However, the record

reveals that Clementine Ellis was the common law wife of the

deceased and the Plan decided not to litigate the issue. In contrast,

Ms. Boyd was married to another man and does not have a legal basis

(besides the putative spouse doctrine which is not recognized in South

Carolina) to allege that she is the legal wife of Richard Boyd. Furthermore, the Plan reasoned that allowing her and other putative spouses

to recover may open the door to multiple claims for surviving spouse

benefits. The Trustees' interpretation that a legal marriage is a prerequisite to qualifying as an "eligible spouse" prevents multiple persons

from claiming "eligible spouse" status. Thus, the Trustees' decision

to deny Ms. Boyd benefits was reasoned, deliberate, and principled,

and not inconsistent with their decision regarding Clementine Ellis.

On the issue of certification, the putative spouse doctrine has not

been specifically addressed in South Carolina. However, this case is

different from Grabois v. Jones, where the question was certified. 77

F.3d 574. In Grabois, the plan fiduciary had not made a decision.

Instead, the plan fiduciary filed an interpleader complaint for declaratory judgment as to which of the two claimants was entitled to receive

the benefits. Id. at 576-577. In our case, the Trustees decided not to

award the benefits and acted within their discretion and consistent

with South Carolina law.

For the reasons stated above, we affirm the decision of the district

court.

AFFIRMED

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