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America September 18, 2023 2 mins read

Kellogg’s Retirement Lawsuit: Retirees Allege Underpayments

America ı By Rochdi Rais

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Kellogg's Retirement Lawsuit

In a lawsuit that's as perplexing as a maze, Thomas Reichert, a former employee of the cereal titan, alleges that Kellogg's Pension Plan and its subsidiary, the BCTGM plan, haven't been playing by the rules. The core of the issue? Using bygone methods to calculate retirees' pensions, which Reichert claims is a blatant breach of the Employee Retirement Income Security Act (ERISA).

"Imagine calculating today's speed with yesterday's tools," Reichert noted, emphasizing that using these outdated tools has stripped retirees of financial security, lining Kellogg's pockets in the process.

Reichert's Story

Reichert's association with Kellogg's isn't fleeting. With 11 years under the brand, the man knows his oats. Starting his retirement benefits in June 2019, he opted for the 50% Joint and Survivor Annuity (JSA), which essentially means the amount he receives is slightly less than what he'd get if he were single. This is where the plot thickens.

The JSA amount is derived using formulas encompassing interest rates and a mortality table. But as life expectancy has soared in recent times, Kellogg's continues to use archaic mortality tables. In simple terms? Less money for retirees every month.

The burstiness of the situation is palpable when Reichert juxtaposes the figures. Kellogg's method gives him roughly $380 monthly, but if the updated 2018 U.S. Department of the Treasury's assumptions were applied, he'd be pocketing about $406. The cumulative difference due to these outdated calculations? A whopping $4,700!

ERISA and Its Stipulations

Like a puzzle where the pieces don't fit, Reichert emphasizes that ERISA demands that the JSA must match the "actuarial equivalent" of the original annuity. With Kellogg's employing questionable numbers, the current values are simply out of sync.

Though Reichert admits to being in the dark about the exact mathematical jugglery Kellogg's uses, he's certain of one thing: ERISA mandates transparency in these calculations. And when the curtains are pulled, he believes the numbers will reveal a discrepancy with current economic and mortality metrics.

In a bid to amplify his voice, Reichert aspires to speak for a battalion of pension plan participants and beneficiaries, all of whom have been receiving benefits in the last half-decade and possess a survivor benefit pegged at 50% or more. With nearly 3,900 folks in each of the pension plans, the stakes are high.

The lawsuit's crescendo? Reichert's demand that Kellogg's return any undue profits, compensate for the losses, and also cover attorney fees.

 

 

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Rochdi Rais

Rochdi Rais is the Fractional Head of Growth and financial and legal writer at USA Herald. He has been writing and editing financial, legal and U.S. news for years with over +4000 articles published during his career.

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