Legal Opinion
Miller v. Xerox Corp. Retirement Income Guarantee Plan
Court of Appeals for the Ninth Circuit
Decided May 8, 2006No. 04-55582, 04-55583PublishedCited by 2 opinions
1Opinion of the Court
THOMAS, Circuit Judge.
This appeal presents the question of whether a procedure used by Xerox Corporation (“Xerox”) to reduce pension benefits at final retirement to account for earlier benefit distributions violates the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1000 et seq. We conclude that Xerox’s method violates ERISA, because it impermissibly reduces pension benefits by more than the accrued pension benefit attributable to the earlier distributions.
I
The facts of the case are undisputed. Plaintiffs Waldamar Miller, Thomas H. Sudduth, Jr., and J. Denton Allen…
2Cases cited4 opinions
- Frommert v. ConkrightCourt of Appeals for the Second Circuit · 2006
- David Berger and Gerry Tsupros, on Behalf of Themselves and Others Similarly Situated v. Xerox Corporation Retirement Income Guarantee PlanCourt of Appeals for the Seventh Circuit · 2003
- Esden v. Bank Of BostonCourt of Appeals for the First Circuit · 2000
- Carl Michael, an Individual v. Riverside Cement Company Pension PlanCourt of Appeals for the Ninth Circuit · 2001
3Cited by2 opinions
- Cooper, Kathi v. IBM Personal PensionCourt of Appeals for the Seventh Circuit · 2006
- Waldamar Miller Thomas H. Sudduth, Jr. J. Denton Allen, Individuals v. Xerox Corporation Retirement Income Guarantee Plan, an Employee Pension Benefit Plan Xerox Corporation, a New York Corporation Patricia Nazemetz, as Plan Administrator of the Xerox Corporation Retirement Income Guarantee Plan, Waldamar Miller Thomas H. Sudduth, Jr. J. Denton Allen, Individuals v. Xerox Corporation Retirement Income Guarantee Plan, an Employee Pension Benefit Plan Xerox Corporation, a New York Corporation Patricia Nazemetz, as Plan Administrator of the Xerox Corporation Retirement Income Guarantee PlanCourt of Appeals for the Ninth Circuit · 2006