Gordon LUNN, Plaintiff-Appellant, v. MONTGOMERY WARD & COMPANY, INCORPORATED, Retirement Security Plan, Defendant-Appellee

POSNER, Chief Judge.

The plaintiff, Gordon Lunn, retired from Montgomery Ward in 1992 at age 69, four years past the normal retirement age. He seeks additional retirement benefits, claiming that in computing his pension the defendant both violated the terms of the pension plan and violated a provision of ERISA designed to prevent companies from penalizing employees who work past the normal retirement age. Lunn purports to be suing on behalf of a class of similarly situated Wards retirees, but the suit was dismissed, for failure to state a claim, before any class was certified.

The Wards pension…