Conkright v. Frommert

I agree with the Court that “[pjeople make mistakes,” ante, at 509, but I do not share its view of the law applicable to those mistakes. To explain my view, I shall describe the three significant mistakes involved in this case.

*523I

A

The first mistake is that of Xerox Corporation’s pension plan (Plan) and its administrators (collectively, Plan Administrator or Administrator), petitioners here. The Plan, as I understand it, pays employees the highest of three benefits upon retirement. App. 29a-31a. These benefits are calculated as follows (I simplify and use my own words, not those of the Plan):(1)…