Kellogg, FedEx 6th Cir. Pension Suit Revivals Denied Second Look

Kellogg Co. and FedEx Corp. on Friday failed to convince the Sixth Circuit to rehear its recent decision reviving lawsuits challenging how they calculate pensions for certain married workers.

The companies objected to a March decision holding that pensions that include post-death payments for a worker’s surviving spouse are legally required to be the “actuarial equivalent” of a traditional, single-life pension. This actuarial equivalence requirement may not be met if a married worker’s pension is calculated using out-of-date life expectancy data, the US Court of Appeals for the Sixth Circuit said in the 2-1 opinion reversing the dismissal of suits ...