Pension Plan Participants Seek Relief After Complaint Against PepsiCo Dismissed

Mealey's (October 8, 2019, 12:32 PM EDT) -- WHITE PLAINS, N.Y. — A group of participants in PepsiCo Inc.’s retirement plan on Oct. 1 moved for reconsideration after a New York federal judge on Sept. 24 dismissed the participants’ complaint finding that their claim for violation of the Employee Retirement Income Security Act’s anti-forfeiture provision cannot stand because the anti-forfeiture provision applies only to normal retirement benefits upon the attainment of normal retirement age and the plaintiffs do not claim that the defendants deprived them of the full amount of pension payments they would achieve at normal retirement age (William DuBuske, et al. v. PepsiCo Inc., et al., No. 18-cv-11618, S.D. N.Y., 2019 U.S. Dist. LEXIS 164383)....