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Court Moves Forward Request for Benefit Calculation Details

(Cont...)

The court cited other case law that says ERISA § 1025(a) requires plan administrators to provide documentation showing “the total benefits accrued,” which has been “interpreted broadly to accommodate a plan participant’s request that the administrator provide the computations to support the amount stated.”  

In addition, the court noted that Whirlpool’s own plan document provides that “[t]he Administrator shall make available to each Participant for examination by him upon request, at the offices of his Employer, a copy of the Plan and such records or copies thereof as may pertain to any benefits of such Participant under the Plan,” and the data the former employees seek pertains to their benefits under the plan.  

The 31 former employees were notified that the factory where they worked in Bellevue, Ohio, was scheduled to close.  They were provided a letter indicating the total years of credited service under Whirlpool’s retirement plan, but the former employees believe the years did not correspond to their union’s (UAW Local 1623) records.  

The opinion in Arp v. Whirlpool Corp. is here.

Rebecca Moore
editors@plansponsor.com

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