On May 16, 2019, the U.S. Court of Appeals for the Ninth Circuit issued a decision in favor of David Reed, reversing a lower court decision finding that the KRON/IBEW Local 45 Pension Plan did not have to provide him with spousal survivor benefit, even though David was the registered domestic partner of a former KRON4 employee, Donald Gardner. David is represented by Renaker Hasselman Scott LLP and the National Center for Lesbian Rights.

The plan argued that the Defense of Marriage Act (DOMA) foreclosed it from recognizing David as Donald’s spouse, and the district court granted judgment in its favor.

The Ninth Circuit reversed the district court, holding that “[t]he Committee abused its discretion by denying benefits to Reed. During either time the Committee evaluated the Plan’s benefits in this case—in 2009 or in 2016—California law afforded domestic partners the same rights, protections, and benefits as those granted to spouses.”

Read the press release

Read the Ninth Circuit decision

An amended complaint filed March 29 in Bafford, et al. v. Northrop Grumman Corp., et al., alleges that Northrop Grumman and its outside administrator, Hewitt Associates LLC (now known as Alight Solutions LLC), violated federal and state law by persistently overstating the pension benefits earned by certain Northrop Grumman employees.

Plaintiffs Stephen Bafford and Evelyn Wilson each worked for Northrop Grumman in the 1980s and 1990s, then worked for TRW Corporation, and then returned to Northrop Grumman employment when Northrop Grumman acquired TRW in 2002. For years before each Plaintiff retired from Northrop Grumman, the Defendants provided them with pension benefit statements that showed their pensions being calculated on the basis of their highest three years of pay from their second period of Northrop Grumman employment.

But in early 2017, Defendants notified each Plaintiff that their pensions would be reduced by more than 50 percent because the pensions should have been calculated based on earnings from each Plaintiff’s first period of Northrop Grumman employment. Defendants further demanded repayment of pension amounts already paid to Plaintiffs, including more than $35,000 demanded from Ms. Wilson. 

Plaintiffs allege that by misinforming them about their pension benefit amounts, Defendants violated provisions of the Employee Retirement Income Security Act (ERISA) and, alternatively, that Hewitt acted negligently in miscalculating the pensions and providing the erroneous pension benefit statements. Plaintiffs allege that the error was systemic, affecting numerous Northrop Grumman employees. Plaintiffs seek certification of a class of current and former Northrop Grumman employees whose benefits under Northrop Grumman’s pension plans were miscalculated.

Renaker Hasselman Scott LLP and Kantor & Kantor, LLP represent the Plaintiffs.

Read the Amended Complaint here.

For questions about the case, please contact Teresa Renaker, teresa@renakerhasselman.com.user.s408.sureserver.com, Elizabeth Hopkins, ehopkins@kantorlaw.net, or Susan Meter, smeter@kantorlaw.net.

On November 14, Kirsten Scott gave a training on overpayments of ERISA-governed benefits for the AIDS Legal Referral Panel, explaining the relevant statutes and agency guidance, and the claims and defenses that plan participants may have when an employer-sponsored plan — or its insurer — asserts that it has overpaid benefits. 

Teresa Renaker was chosen to be recognized in the 25th Edition of The Best Lawyers in America for her high caliber of work in the practice area of Employee Benefits (ERISA) Law. This is the fourth year in a row that Best Lawyers has recognized Ms. Renaker.

Northern California 2018 Super Lawyers recognized Teresa Renaker on its Top 100 Lawyers list for the seventh year in a row. Teresa Renaker and Margo Hasselman Greenough were also listed among the Top 50 Women and the top Employee Benefits lawyers.

Renaker Hasselman Scott LLP represented a retired Assistant City Manager on her appeal from a CalPERS decision that a pay increase she received while serving as Acting City Manager for twenty-seven months was not pensionable compensation. CalPERS determined that the pay increase did not qualify as payrate or special compensation, and therefore could not be recognized as part of the member’s final compensation in calculating the member’s pension. An Administrative Law Judge sustained the member’s appeal, finding that the increase should be included in the member’s payrate. The CalPERS Board adopted the ALJ’s proposed decision on February 14, 2018, resulting in a significant retroactive increase to the member’s pension.

Renaker Hasselman Scott is proud to sponsor the Robohawks, VEX Robotics 2017 California state tournament champions! In April, the Robohawks will travel to Louisville, KY, for the World Championships, where they reached the division finalist level in 2016. Go Robohawks!

Renaker Hasselman Scott LLP and the National Center for Lesbian Rights have filed suit on behalf of David Reed, the surviving spouse of Donald Gardner, a long-time KRON-TV employee and participant in the KRON/IBEW Local 45 Pension Plan. The couple registered as domestic partners with the California Secretary of State in 2004. In 2009, Mr. Gardner retired, and the couple later married just before Mr. Gardner’s death in 2014. California law gives registered domestic partners the status of married persons. Although the pension plan terms incorporate California law, following Mr. Gardner’s death the plan refused to pay a surviving spouse benefit to Mr. Reed. The lawsuit challenges the plan’s refusal to pay the survivor benefit and also asserts claims for document disclosure penalties and breach of fiduciary duty.

Read the complaint  in Reed v. KRON/IBEW Local 45 Pension Plan, et al.

Read the press release.

The U.S. District Court for the Northern District of California granted final approval to the settlement of Barling v. UEBT Retiree Medical Plan. Renaker Hasselman Scott LLP and Bolt Keenley Kim LLP represented a class of more than 7,000 retirees from the United Food and Commercial Workers union. The retirees challenged the Plan’s reduction of benefits by deductibles and co-insurance payments between October 2010 and February 2013. Under the settlement, retirees and dependents whose benefits were reduced by $5 or more during this period will receive payment for over 85 percent of the amounts by which their benefits were reduced.

Checks are expected to be mailed on August 2. Checks must be cashed within 90 days after issuance. Class members should be sure to cash their checks promptly. 

The Class Notice, Final Approval Order, and other materials are available at http://renakerhasselman.com/ufcw-retiree-settlement/.

Questions about the settlement may be directed to the attorneys or to the settlement administrator at 1-866-515-9453.

American Bar Association President-Elect Linda Klein appointed Teresa Renaker to a third one-year term on the ABA Commission on Sexual Orientation and Gender Identity. The SOGI mission is to promote full and equal participation in the legal profession by persons of differing sexual orientations and gender identities.