United States Seventh Circuit
Young v. Verizon's Bell Atlantic Cash Balance Plan, 09-3872
In plaintiff's class action suit under ERISA section 502(a) and U.S.C. section 1132(a) against Verizon and its Cash Balance Plan, claiming that defendant made two errors in calculating her opening cash balance, and hence her ultimate pension benefit under the plan, district court's grant of defendant's equitable reformation of its plan to correct a scrivener's error is affirmed as, although ERISA's rules for written plans are strictly enforced, they are not so strict as to prevent equitable reformation of a plan that is shown, by clear and convincing evidence, to contain a scrivener's error that is inconsistent with participants' expected benefits.
Appellate Information
- Argued 06/01/2010
- Decided 08/10/2010
- Published 08/10/2010
Judges
Court
- United States Seventh Circuit