United States Sixth Circuit

In a class action lawsuit brought under ERISA by early retirees in a company's pension plan who elected to receive their pension benefits under the plan in the form of a lump-sum payment, partial summary judgment and an award in favor of plaintiffs is affirmed where: 1) there was jurisdiction under ERISA for the claims; 2) each plaintiff was entitled to have his or her lump-sum distribution reevaluated using a whipsaw calculation, plus interest; 3) there was no error in holding that the plan could not use a preretirement mortality discount in performing the whipsaw calculation; and 4) the Pension Protection Act of 2006 is not retroactive in application, and thus, has no effect on this case.

Appellate Information

• Decided 04/20/2007
• Published 04/20/2007

Judges

• Before COLE, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Robert D. Wick, Covington & Burling, Washington, D.C., for Appellants.  Thomas A. Downie, Gary, Naegele & Theado, Cleveland, Ohio, for Appellee.   ON BRIEF:  Robert D. Wick, Covington & Burling, Washington, D.C., for Appellants.  Thomas A. Downie, Gary, Naegele & Theado, Cleveland, Ohio, Thomas R. Theado, Jori B. Naegele, Robert D. Gary, Gary, Naegele & Theado, Lorain, Ohio, Allen C. Engerman, Northbrook, Illinois, for Appellee.