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...

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Case Information

Case Title

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Case Number

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New York Southern

Nature of Suit

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


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Date Filed

December 12, 2018

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