Tucker v. General Motors Retirement Program

MEMORANDUM AND ORDER ON DEFENDANTS’ MOTION FOR JUDGMENT AND REQUEST FOR ORAL ARGUMENT (#18) AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT 1 (# 19)

COLLINGS, United States Magistrate Judge.

I. Introduction

The instant dispute arises out of a decision by the defendants, General Motors Retirement Program (the “Program”) and General Motors Corporation (“GM”), to suspend the payment of basic pension benefits to the plaintiff, Kenneth R. Tucker (“Tucker”), in order to recoup a prior overpayment of early retirement benefits and a penalty consequent to the overpayment. Tucker alleges that the defendants…