DuBuske v. PepsiCo., Inc.

Plaintiffs brought this class action lawsuit on behalf of themselves and all participants and beneficiaries of the PepsiCo Salaried Retirement Plan (the “Plan”) who are receiving an optional form of retirement benefit (other than a lump sum distribution).  Plaintiffs allege that the alternative forms of benefit, such certain joint and survivor annuities, are not the actuarial equivalent of the standard benefits offered under the Plans in violation of the Employee Retirement Income Security Act of 1974 (“ERISA”).  Retirees that select these alternative forms of benefits receive less in their monthly pension checks than they should as a result of the actuarial formula used by Defendants.

On November 21, 2019, Plaintiffs voluntarily withdrew the action.