PepsiCo Retirees Fight To Keep ERISA Case Alive

Law360 (April 19, 2019, 4:08 PM EDT) -- PepsiCo retirees are urging a New York federal court not to toss their proposed Employee Retirement Income Security Act class action, arguing that the company is wrong to suggest that ERISA allows it to give married retirees smaller benefit payouts than single folks.

PepsiCo Inc. salaried employees retirement plan participants William DuBuske, Michael Duchaine and Gary Maynard on Thursday said the court should reject Pepsi’s motion to dismiss their suit, which challenged how the company calculated benefits payouts to retirees who choose a joint and survivor annuity over a single life annuity.

The participants argued Thursday that Pepsi is trying to...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Related

Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

New York Southern

Nature of Suit

Labor: E.R.I.S.A.

Judge

Subscribers Only

Date Filed

December 12, 2018

Law Firms

Companies