Pepsi Retirees Get 2nd Chance At Suit Over Pension Benefits

Law360 (November 8, 2019, 6:23 PM EST) -- A New York federal judge has given a proposed class of married PepsiCo retirees another shot at bringing an ERISA suit accusing the company of shorting them on pension benefits, though he refused to budge on the claims he already dismissed from the case.

In his order Thursday, U.S. District Judge Vincent L. Briccetti said the retirees could amend their suit to bring claims under Section 205(d) of the Employee Retirement Income Security Act, which had been referenced in their complaint against PepsiCo Inc. but not listed among their claims for relief.

Because the complaint didn't "make clear that these allegations...

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