United States Second Circuit

In a lawsuit against an accounting company and its retirement plan, alleging that the plan violated the Employee Retirement Income Security Act of 1974 (ERISA), the district court's denial of defendants' motion to dismiss is affirmed where the plan's definition of "normal retirement age" as five years of service violates the statute not because five years of service is not an "age" but because it bears no plausible relation to "normal retirement."

Appellate Information

• Decided 07/23/2015
• Published 07/23/2015

Judges

• Lynch

Court

• United States Second Circuit

Counsel