William L. Clair and John D. O'malley, for Themselves and for All Others Similarly Situated v. Harris Trust and Savings Bank
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Chief Judge.
This is a class action suit under ERISA complaining about delay in the payment of benefits to which the members of the class were entitled by their employer’s retirement plan. The defendant bank has a defined-contribution retirement plan. The contributions that the employer and the employee make are deposited in an individual account of the employee and he decides how to invest it. When he retires he receives the current market value of the investments in his account as of the last day of the quarter preceding his retirement. That day is the “settlement date,” and the plan…
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