After 14 years of litigation, several dozen Xerox retirees have taken a significant step forward in securing final benefits as a federal appellate decision Monday described the company’s interpretation of the pension plan as “unreasonable” and contrary to the notice provisions of the Employee Retirement Income Security Act.
The matter decided by the U.S. Court of Appeals for the Second Circuit, Frommert v. Conkright, 12-67-cv, centered on the calculation of benefits owed to employees who retired with a pension and then were rehired. At issue was how to determine the final retirement benefit, taking into account the amount paid the first time the employee retired.
