Robert Spitzler v. New York Post Corporation

The issue on this appeal is whether an employer violates the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. by contracting with its employee for a severance pay benefit calculated by taking a credit for the actuarial value, at the time of discharge, of an employee’s vested interest in a pension plan. Robert Spitzler at age 47 was discharged by the New York Post Corporation 1 after 17 years of service. The Post’s severance pay plan, as revised in 1977, entitled him to $55,000, based on length of service and salary at discharge, less the actuarial value of his…