United States Fifth Circuit

In an ERISA action asserting that the net effect and intent of defendant's benefit plan conversion was to shift the burden of funding the plan's deficit to older employees, like plaintiff, who had earned substantial benefits through longer service, dismissal of the complaint is affirmed where: 1) in plaintiff's complaint, he disclosed neither a claim of error nor how any errors affected his retirement benefits; 2) nowhere in his complaint did plaintiff contend that defendant failed to provide him with any statements or notice of amendments to or potential reductions in his benefit accruals under the plan; and 3) plaintiff did not indicate that his previously accrued benefits had diminished in any way, only that he had not received properly calculated benefit accruals since the conversion of the plan.

Appellate Information

• Decided 05/26/2010
• Published 05/26/2010

Judges

• EMILIO M. GARZA, Circuit Judge:, Before HIGGINBOTHAM, WIENER, and GARZA, Circuit Judges.

Court

• United States Fifth Circuit

Counsel