Most Claims Survive Motion To Dismiss In ERISA Spat Over Mortality Tables

Mealey's (June 17, 2021, 11:01 AM EDT) -- NEW YORK — Two retirees plausibly allege that a retirement plan’s use of outdated mortality tables to calculate alternative benefits is unreasonable and, as a result, have adequately pleaded violations of the Employee Retirement Income Security Act, a federal judge in New York ruled on June 14, denying a motion to dismiss the class suit for failure to state a claim except with respect to one of the retirees’ claim for breach of fiduciary duty, which the judge found to be time-barred....

Attached Documents

Related Sections