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Xerox wins round in legal fight
A federal judge again has ruled in favor of Xerox Corp. in a long legal fight that has been all the way to the U.S. Supreme Court and back regarding the company’s retirement benefits.
U.S. District Judge David G. Larimer last month largely sided with Xerox and its pension plan administrators and ordered the company to calculate and pay retirement benefits using a company-approved methodology.
The legal battle started in 2000 when a group of Xerox employees and retirees sued the company, arguing that its policy reduced their retirement benefits to a fraction of their former value.
The policy had to do with how to calculate the pensions of people who left Xerox, received a lump-sum retirement payment, and then returned to the company and again began earning retirement benefits. Another issue was whether the policy of how such retirement benefits would be handled was adequately explained to the workers.
Conkright vs. Frommert has covered a lot of legal ground in the subsequent 11 years, with Larimer in 2005 siding with Xerox on a motion to dismiss. That was appealed to the Second U.S. Circuit Court of Appeals, which reversed Larimer.
The case was sent back to Larimer, and his 2007 ruling regarding the calculation of the benefits was this time upheld by the appellate court.
The U.S. Supreme Court in April 2010 sided with Xerox. The highest court in the nation sent the case back to the New York City-based Second Circuit Court of Appeals, which then sent it back to U.S. District Court for the Western District of New York.
Shaun Martin, one of the attorneys representing the Xerox employees and retirees in the case, said they plan to appeal Larimer’s latest ruling.In his ruling, Larimer indicated the Frommert case is one of six civil lawsuits working through the court system with similar claims and issues.With more than 6,800 local workers, Xerox is the area’s fifth-largest employer.
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