Daily Labor Report®

Pepsi Retiree Wants Redo in Suit Challenging Stale Pension Data

Oct. 2, 2019, 5:32 PM

PepsiCo Inc. retirees who accused the company of shortchanging their pensions told a federal judge in the Southern District of New York that his decision dismissing their case failed to address their “key allegations.”

Pepsi retiree William DuBuske asked Judge Vincent L. Briccetti to reconsider his 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 in an Oct. 1 motion.

Briccetti dismissed the lawsuit Sept. 25. He found DuBuske couldn’t...

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