United States Second Circuit

In case where plaintiffs became employees of new corporation, which changed their severance and retirement benefits, rulings in favor of defendant dismissing count of complaint, granting summary judgment, and denying in part of motion to amend complaint, are affirmed over claims that: 1) the treatment of an actuarial reduction in the Summary Plan Description was inadequate under ERISA; 2) the district court erred in denying plaintiffs the opportunity to amend their complaint to raise a challenge to the mortality table used in the Master Retirement Plan which, together with the 6.75 percent discount rate reduction, actuarially reduced the deferred vested retirement benefit payable to former employees choosing to receive payments before reaching age 65; and 3) the 6.75 percent discount rate that the Master Retirement Plan used to reduce actuarially the deferred vested retirement benefits of former employees renders the actuarial reduction unreasonable.

Appellate Information

• Argued 02/15/2006
• Decided 03/29/2007
• Published 03/29/2007

Judges

• STANCEU, Judge., Before KEARSE and SACK, Circuit Judges, and STANCEU, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Thomas G. Moukawsher, Esq. Moukawsher & Walsh, LLC, Hartford, CT, for Plaintiffs-Appellants.


• For Appellees:
  
• Patrick W. Shea, Esq., Paul, Hastings, Janofsky & Walker LLP, Christine Button, of counsel, Stamford, CT, for Defendants-Appellees.