Delta AirLines Employee Files Class Action

Airlinelifer

Senior
Jan 10, 2008
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The lawsuit, Cinotto v. Delta Air Lines Inc. filed in the U.S. Ditrict Court for the Northern District of Georgia, is a plan amendment known as the "Eigth Amendment" that changed the formula for calculating the Social Security benefit offset of participants who were under age 52 on March 31, 2007, and would retire from Delta after the age of 52.

The Eighth Amendment had the affect of decreasing her accrued benefits in violation of the Employee Retirement Income Security Act's anti-cutback rule.

Delta concocted a new formula to recalculate the retirement benefits of tens of thousands of Plan participants and beneficiaries have lost or will lose millions of dollars in accrued benefits during retirement. The lawsuit alleges that Delta violated ERISA Section 304(h)'s notice requirements by failing to provide employees with adequate information about the impact of the Eighth Amendment would have on their accrued benefits.


read more at iam143.org
 

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