Search
Search through the thousands of lawsuits, complaints and recalls on our site.

Lump-Sum Distribution Ameritech Retirees Certified as Class

Report Fraud
Case ID: 3285 | Employment | 04/01/2004

The class has been certified in a class action filed against Ameritech Corporation on behalf of retired employees who received a lump-sum distribution of benefits after the company amended its pension plan to adopt actuarial assumptions called for by the General Agreement on Tariffs and Trade. The plaintiffs alleged that a benefits reduction that was forced on them was in violation of the federal Employee Retirement Income Security Act’s anti-cutback rule. Persons eligible to take part in the action should contact attorneys for the class.

The court agreed with the employees that the previous actuarial assumptions used to calculate lump-sum distributions were part of accrued benefits and, as such, were protected by the Employee Retirement Income Security Act's anti-cutback rule. Named plaintiff Linda Call terminated her employment with Ameritech in November 1999 and received a lump-sum pension distribution of $219,312. The distribution was calculated by using the plan's "Eleventh Amendment," which Ameritech enacted in response to the Retirement Protection Act of 1994 (RPA). The RPA authorizes the use of the interest rate on 30-year U.S. Treasury securities rather than Pension Benefit Guaranty Corporation interest rates and the 1983 Group Annuity Mortality (GAM) tables for calculation of lump-sum distributions if a plan sponsor has embraced GATT.

Under Ameritech's "Eleventh Amendment," lump-sum distributions paid after July 1, 1999, would be valued as the greater of the distribution produced by use of: (1) the PBGC interest rates for valuing lump-sums and the UP-1984 (uninsured pensioner) mortality table, or (2) the interest rate on 30-year treasury bonds and the 1983 GAM table. However, according to the court, when Ameritech adopted the Eleventh Amendment, it did not amend a section of the plan that provided that "no amendment will reduce a participant's accrued benefit to less than the accrued benefit that he would have been entitled to receive if he had resigned from [Ameritech] on the day of the amendment ... , and no amendment will eliminate an optional form of benefit with respect to a participant or beneficiary except as otherwise permitted by law and applicable regulations."

Call alleged that if Ameritech had used the 1983 GAM table and the applicable PBGC rates when it calculated her lump-sum distributions, rather than the 30-year U.S. Treasury security rate called for under the "Eleventh Amendment," she would have received $255,088.


At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints.

Other Employment Cases of Interest

A 2004 lawsuit that claimed three south Louisiana school systems failed to pay overtime to hundreds of employees may get a second chance at being granted class action status. Attorneys that filed the case originally missed the deadline for certifying the case as a class action and ignored demands to explain why.
 
A nationwide class action has been filed in Ohio against supermarket giant, The Kroger Company. The action is brought on behalf of all current and former employees of Kroger whose health insurance was either reduced or cancelled while on medical leave or who were not reinstated to their previous position once they returned from medical leave. The action is brought under the federal Family Medical Leave Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief.
 
A class action lawsuit has been filed in the Middle District Court of Tennessee against Jerry D. Wethington. The case involves violations of the Fair Labor Standards Act which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available.
 
A group of six current female executives filed a class action gender discrimination case in the Southern District of New York against Dresdner Kleinwort Wasserstein ("DrKW"), a German investment bank, whose parent company is Dresdner Bank AG, a member of the Allianz Group. The six current executives have been with DrKW for a total of 50 years.
 
A class action lawsuit has been filed in the Southern District Court of Texas against Ethio Express Shuttle Service, Inc. The case involves violations of the Fair Labor Standards Act which establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available.
 
Employee stock option plans can be an effective investment if they are managed correctly. A class action has been filed against manufacturer Amsted Industries, Inc. on behalf of retired employee stock ownership plan participants who allege that the plan's trustees and administrators violated the federal Employee Retirement Income Security Act and their own fiduciary duties to participants by improperly reducing the benefits obtainable by participants through the company's stock plan.
 
Become a LawCash Member - FREE!
'Find Money' E-Book
Weekly Email Alerts




privacy policy
Class Action Lawsuit Center || Product Recall Center || Consumer Complaint Center || About LawCash Link Exchange
Privacy Policy || Legal Policies || Terms & Conditions || Website Advertising Policy || Site Map || Top Lawsuits
LawCash® is a service of nola3, llc
© 2000 - 2008 Copyright. All rights reserved nola3, llc.

[ Home ]
LawCash
login
Justice is a click away.