[Download] "Frommert v. Conkright" by 2004 United States Court of Appeals for the Second Circuit August Term * eBook PDF Kindle ePub Free

eBook details

Title: Frommert v. Conkright
Author : 2004 United States Court of Appeals for the Second Circuit August Term
Release Date : January 06, 2006
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 79 KB

Description

Plaintiff-appellants appeal from a June 3, 2002 grant of partial dismissal and from a July 30, 2004 grant of summary judgment entered in the United States District Court for the Western District of New York (David G. Larimer, Chief Judge) in favor of Xerox Corporation ("Xerox"), the Xerox Corporation Retirement Income Guarantee Plan ("the Plan"), and individually named Plan Administrators dismissing the plaintiffs claims for improper calculation of their benefits under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. Â§ 1101 et seq. Frommert v. Conkright, 206 F. Supp. 2d 435 (W.D.N.Y. 2002) ("Frommert 2002"); Frommert v. Conkright, 328 F. Supp. 2d 420 (W.D.N.Y. 2004) ("Frommert 2004"). The central issue in this appeal is whether the manner in which the defendants instituted a "phantom account" offset, through which the hypothetical growth of an employees previous lump sum retirement benefits distribution is factored into his current benefits calculation, violates ERISA. We hold that it does.