Luxottica Pension Math Challenge Kept Alive by Second Circuit

A former Luxottica US Holdings Corp. employee challenging how the company calculates married workers’ pension benefits has standing to press certain claims in court, the Second Circuit ruled Thursday.

Plaintiff Janet Duke identified an injury to the plan itself—noncompliance with ERISA that could jeopardize its tax-favored status—giving her standing to seek court-ordered changes to the plan’s calculations, the US Court of Appeals for the Second Circuit held. But she lacks standing to seek monetary relief for the plan under the Employee Retirement Income Security Act, because such relief wouldn’t affect her benefits either way, the court said.

“If Duke ...