Soule v. Retirement Income Plan for Salaried Employees of Rexham Corp.

MEMORANDUM OF DECISION

ROBERT D. POTTER, Chief Judge.

This was an action by Plaintiff alleging that the failure to include sums received by Plaintiff from stock options in calculating Plaintiff’s retirement benefits was an abuse of discretion and contrary to the provisions of the Retirement Income Plan for Salaried Employees of Rexham Corporation (the “Plan”). Whether tested by the de novo standard or “the abuse of discretion standard,” the Court finds for the Plaintiff.

FINDINGS OF FACT 1(1) This action was brought pursuant to the Employee Retirement Income Security Act of 1974 (“ERISA”), 29…