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Jarosz v. Am. Axle & Mfg. Inc.

Only Workers' Compensation Within Two Years of Retirement Could Be Deducted From Pension

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DECISION AND ORDERI. INTRODUCTION In this action, the plaintiffs, each of whom is a qualified participant in the Defendant American Axle & Manufacturing, Inc. Hourly-Rate Associates Pension Plan (“the Plan”), allege that Defendants violated the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§1001 et seq. by reducing their pension payments due under the Plan by the amount of certain workers’ compensation payments they received. They also assert related causes of action.Presently before this Court are the parties’ cross motions for summary judgment. (Docket Nos. 61, 62.) For the reasons that follow, the motions are granted in part and denied in part.II. BACKGROUNDA. Facts11. The PlaintiffsThe plaintiffs were all members of The International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (“UAW”) at the time they retired from Defendant American Axle & Manufacturing, Inc. (“American Axle”). (Plaintiffs’ Statement of Facts Not in Genuine Dispute (“Plaintiffs’ Statement”), Docket No. 62-9,

1, 46.) Some plaintiffs previously worked for General Motors Corporation (“GM”) before continuing on with American Axle after it bought two of GM’s plants in March 1994 — Bellere, Brandon, Czech, Glover, Jaroszewski, Lichtenthal, LoGrasso, McDonell, Schalberg, Short, and Wise — while the others worked only for American Axle after its purchase of the plants — Jarosz, Archambault, Dixon, Higgins, Kendzierski, Osborne, Osika, Perkovich, Santana, Severino, Stowell, and Ziolkowski.2 (Plaintiffs’ Statement,

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