Hussey v. E.I. DuPont De Nemours & Co. Pension & Benefit Plan

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are cross motions for summary judgment. The Court GRANTS Plaintiffs motion for summary judgment and DENIES Defendant’s motion for summary judgment.

BACKGROUND

The parties substantially agree on the operative facts. DuPont maintains a Pension and Benefit Plan (the Plan) for its employees. One of the benefits available to DuPont employees who have reached the age of fifty with at least twenty-five years of continuous service is a post-retirement joint and surviv- or annuity under which an employee may elect to have his pension reduced to…