Brown v. UPS

Plaintiffs brought this class action lawsuit on behalf of themselves and all participants and beneficiaries of the UPS Pension Plan and the UPS Retirement Plan (the “Plans”) who began receiving pension payments at any time after February 1, 2014 in the form of either a Joint and Survivor Annuity or a Qualified Preretirement Survivor Annuity.  Plaintiffs allege that amount of their monthly benefits is less than the actuarial equivalent of the single life annuity they could have selected at the time of their retirement, in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”).  Plaintiffs allege that members of the class receive less in their monthly pension checks than they should as a result of the outdated actuarial formulas used by Defendants.

Plaintiffs filed an Amended Complaint on March 10, 2020. Defendants filed a motion to dismiss for failure to exhaust the plan’s internal remedies prior to filing suit. The court granted the motion and Plaintiffs are currently going through the administrative process.