Split 6th Circuit Panel Affirms Denial Of Man’s ERISA Benefit Claims

Mealey's (July 26, 2017, 2:55 PM EDT) -- CINCINNATI — A split Sixth Circuit U.S. Court of Appeals panel on July 19 affirmed a Michigan federal judge’s ruling that a retirement board did not act arbitrarily or capriciously in denying a man’s Employee Retirement Income Security Act benefit claims, agreeing that the man’s initial 16.2 years of Dow Chemical Co. service should not be used to calculate his pension benefits (Robert Johnston v. Dow Employees’ Pension Plan, et al., No. 16-2246, 6th Cir., 2017 U.S. App. LEXIS 13196)....