Bakery & Confectionery Union & Industry Int’l Pension Fund Pension Plan ERISA Litigation

The In re Bakery & Confectionery Union & Industry Int’l Pension Fund Pension Plan ERISA litigation is currently pending in the United States District Court for the Southern District of New York. The Consolidated Amended Class Action Complaint (“Complaint) was filed on behalf of Plaintiffs and a proposed class of all participants in the Bakery & Confectionery Union & Industrial Pension Fund Pension Plan (“Plan”)—and their beneficiaries and Estates—who accrued (a) years of Covered Employment credits and (b) age credits towards eligibility for pension benefits under Plan C (also known as the “Golden 90”) or Plan G (also known as “Golden 80”), but who are rendered ineligible for pension benefits under Plan C or G by reason of Amendment Number Two to the Rules and Regulations of the Plan, as amended and restated January 1, 2010.

The Complaint alleges that Defendants violated the anti-cutback provision and/or the fiduciary responsibility provision of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) when they amended the Plan, effective July 1, 2010. The amendment changed the rule that permitted participants to “age into” eligibility for the Golden 80 and Golden 90 plans.

Prior to July 1, 2010, a participant who retired before normal retirement age could leave Covered Employment and receive his or her full pension benefit as soon as he or she “aged into” the 90 or 80 years of combined age and service, without having his or her benefit reduced due to early receipt of the benefit before normal retirement age and without returning to work in Covered Employment.

On July 22, 2011, the Honorable Vincent L. Briccetti consolidated the ERISA cases pending in the Eastern and Southern Districts of New York and appointed Keller Rohrback L.L.P. as Interim Co-Lead Counsel. Plaintiffs filed a motion seeking certification of the Class on October 14, 2011.

If you are a member of the Bakery & Confectionery Union & Industry Int’l Pension Fund Pension Plan, please contact us for more information.

Case Documents