Berube v. Rockwell Automation, Inc.

Plaintiff filed this case in December of 2020, alleging that the Rockwell Automation Pension Plan (the “Plan“) failed to provide participants who took their benefits in the form of a joint and survivor annuity with benefits that were actuarially equivalent to a single life annuity (“SLA”), as required by federal law. Defendants filed a motion to dismiss, which the Court denied on April 12, 2021.

Plaintiff’s case follows an earlier case against Rockwell which was filed by another Plaintiff in April of 2019. While the Smith case survived a motion to dismiss, it was withdrawn in January of 2021.

On April 26, 2021, Defendants filed an Answer to the Complaint and on May 28, 2021 Defendants filed a Motion for Summary Judgment for Failure to Exhaust Administrative Remedies. The case is in active litigation.