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Belsky v. First National Life Insurance

Citations: 653 F. Supp. 80; 1986 U.S. Dist. LEXIS 25893Docket: CV85-L-406

Court: District Court, D. Nebraska; May 5, 1986; Federal District Court

Narrative Opinion Summary

The case involves a dispute between a former bank president and the FDIC over the validity of a salary continuance agreement and associated life insurance policy following the bank's closure. The plaintiff, who served as president and director of the bank, had entered into agreements promising retirement benefits contingent on his continued employment until age 55. The FDIC, as the receiver of the bank's assets, contested the enforceability of these agreements under 12 U.S.C. § 1823(e), arguing that the agreements were not properly documented or approved by the bank's board. The plaintiff claimed the plan was an 'excess benefit plan' exempt from ERISA, but the court found it unfunded, thus not subject to ERISA protections. The court ruled in favor of the FDIC, denying the plaintiff's claims to the insurance policy and holding that the agreements were invalid as they were not documented in the board's minutes, in line with federal banking laws. Consequently, the FDIC retained the right to treat the insurance policy as a general asset of the bank, and the plaintiff's request for injunctive relief was rejected.

Legal Issues Addressed

Conditions for Benefit Vesting

Application: Belsky's claim that the plan's termination resulted in complete vesting was invalid because the plan was not subject to ERISA, and he did not fulfill the condition of working until his 55th birthday.

Reasoning: Furthermore, the salary continuance agreement required Belsky to work until his 55th birthday to receive benefits, which he did not fulfill before the Bank's closure.

ERISA Applicability and Unfunded Plans

Application: The court determined that the salary continuance agreement did not establish a separate res, classifying the executive compensation plan as unfunded and thus outside ERISA's scope.

Reasoning: Belsky argued that his death benefits were similarly funded as in Dependahl, but it was concluded that the salary continuance agreement did not create a separate res, classifying the executive compensation plan as unfunded and thus outside ERISA's scope.

FDIC's Rights Under Federal Banking Law

Application: The FDIC can treat the insurance policy as a general asset of the Bank, and Belsky cannot introduce evidence contradicting the documents unless the requirements of § 1823(e) are fulfilled.

Reasoning: Thus, the FDIC can treat the insurance policy as a general asset of the Bank, and Belsky cannot introduce evidence contradicting the documents unless the requirements of § 1823(e) are fulfilled.

Validity of Agreements Affecting FDIC Interests

Application: The agreement between Belsky and the Bank was invalid against the FDIC as it did not meet the requirements of 12 U.S.C. § 1823(e), which includes approval by the Bank's Board of Directors documented in the minutes.

Reasoning: Belsky's salary continuance agreement would diminish the FDIC's interest, but the Board minutes do not indicate approval of this agreement. Only two mentions of an employee benefit plan exist in the minutes, neither of which references the salary continuance agreement.