Reynolds v. Edison International, 2000 U.S. App. LEXIS 24895  (9^th Cir. Oct. 3, 2000) (unpublished)-Edison's decision to structure the Voluntary Retirement Offer (V R O) with "caps" and then give employees outside those "caps" the option to retire with fewer benefits than they would have received under the VRO is not a discretionary act of a plan administrator. Rather, Edison acted as the VRO's settler and made "a decision regarding the form or structure of the [VRO] such as who is entitled to receive plan benefits and in what amounts." The decisions of an employer, acting in its settler capacity, do not trigger ERISA's fiduciary duties. Varity Corp. v. Howe, 516 U.S. 489, 498 (1996) was of no help to plaintiffs because they did not allege that Edison intentionally misrepresented the future of their benefits or committed fraud in structuring the VRO.