David Berger and Gerry Tsupros, on Behalf of Themselves and Others Similarly Situated v. Xerox Corporation Retirement Income Guarantee Plan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that pension beneficiaries' suit to recover benefits was maintainable as a class action under 23(b)(2)
• rejecting the Plan’s argument that a preretirement mortality discount properly applied to the calculation of damages in whipsaw claims materially indistinguishable from the present case
• affirming and observing that the use of a pre-retirement mortality discount was “unfathomable” because the participant’s death would not reduce his benefits
• describing a cash balance plan that “resembles” a defined contribution plan
• “I.R.S. Notice 96-8 is ‘an authoritative interpretation of the applicable [ERISA] statutes and regulations ...’”
• “[Plaintiffs] contend that the amount they received was not the actuarial equivalent of what they would (continued...

Source: CourtListener parenthetical corpus (CC0).