Daily Labor Report®

Pepsi Retiree Scores Partial Revival of Stale Pension Data Suit

Nov. 8, 2019, 8:05 PM

PepsiCo Inc. retirees who accused the company of shortchanging their pension convinced a federal judge in the Southern District of New York to revive part of their lawsuit Nov. 8.

Pepsi retiree William DuBuske had asked Judge Vincent L. Briccetti to reconsider his September decision rejecting DuBuske’s proposed class action under the Employee Retirement Income Security Act. Briccetti’s ruling overlooked the claim that Pepsi violated ERISA’s rule requiring that pension benefits for married couples be “actuarially equivalent” to a traditional pension, DuBuske said.

Briccetti agreed and allowed DuBuske to file an amended complaint stating this claim “with the utmost clarity.”...

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