IBM Retirees Win New Look at Pension Calculations on Appeal (1)

IBM Corp. retirees on Thursday convinced the Second Circuit to revive a dispute over the calculation of their pension benefits that was dismissed below for being filed too late.

The district court deemed the case untimely by looking at the dates on which each plaintiff received a pension estimate from IBM, but those dates weren’t pleaded in the relevant complaint—instead, they were included in documents referenced in the complaint, the US Court of Appeals for the Second Circuit said in an unpublished opinion.

The district court was within its rights to incorporate these documents into the complaint, but it ...