Dow Chemical Retiree Loses Pension Claim in Sixth Circuit

Dow Chemical Co. didn’t miscalculate a retiree’s pension benefits by excluding the nine years he worked in a joint venture between Dow and E.I. du Pont de Nemours and Co., a divided appeals court ruled (Johnston v. Dow Employees’ Pension Plan, 2017 BL 249479, 6th Cir., No. 16-2246, unpublished 7/19/17).

The administrator of Dow’s pension plan didn’t abuse its discretion by denying Robert Johnston’s benefits claim, the U.S. Court of Appeals for the Sixth Circuit held July 19. Affirming a district court decision, two circuit judges held that the plan’s decision to calculate Johnston’s benefits under a ...