Xerox loses on pension appeal
At least $35M likely owed to plaintiffs
(April 2006) – An appeals court has denied a request from Xerox Corp. that it rehear a pension case against the company.
The
Second Circuit of the U.S. Court of Appeals in New York City ruled that
Xerox did not properly inform workers who left the company and were
later rehired about a change in their pensions, costing them years of
service toward retirement.
The court’s denial of Xerox’s motion
means the case can likely move toward paying those workers, said
Springfield, N.J., attorney Robert A. Jaffe, who represented the more
than 100 plaintiffs in the case.
“I don’t see why this should take all that long,” he said Wednesday.
There will be a conference call today with the judge to discuss the next moves in the case, Jaffe said.
Jaffe said he expects his clients are owed between $35 million and $50 million.
The
policy in question discounted pensions earned during a worker’s second
tenure by the value of their original pension, plus interest. The
action violated the federal Employee Retirement Income Security Act,
according to the court’s January ruling.
Xerox continues “to explore
our options,” spokesman Bill McKee said. “However, as this is still
pending litigation, we are unable to comment.”
Jaffe said as many as
1,500 employees may be eligible for some compensation, but it will be
up to the court to determine how broad the scope of payments should be.