Compliance
Participants Not Due Additional Benefits Based on Defective SPD
A federal court has ruled that cash balance plan
participants are not due additional benefits because a summary plan description
(SPD) failed to inform them of an offset to their benefits calculation.
Reported by Rebecca Moore
The plaintiffs’ argument that they remained employed at Northrop longer than they otherwise would have is insufficient to demonstrate reasonable reliance, according to the court’s opinion. Both men were informed via letters and a meeting with a staff member of the Northrop Benefits Center.
The plaintiffs were employed at Litton Industries, Inc., when it was acquired by Northrop, and they participated in the Litton’s Retirement Plan B. Northrop decided to consolidate all pension plans it had inherited through acquisitions into a single cash balance plan, effective July 1, 2003. It sent an SPD to participants at that time.
The court pointed out that the SPD included a caveat that it was only a summary and that participants should refer to the master plan document for more information. In addition, Northrop held Town Hall meetings in which the benefits calculations, including the offset, were discussed, and participants had received a summary of material modifications which described benefits calculations, including the offset.
The case is Skinner v. Northrop Grumman Retirement Plan B, C.D. Cal., No. CV 07-3923-JFW (JTLx), 1/26/10.