Xerox Retiree Health Cut Lawsuit Trimmed, Heading to Trial

Xerox Corp. defeated fiduciary breach claims in a lawsuit challenging its decision to charge premiums to retirees receiving company-paid health insurance, but it must face trial on claims of wrongfully denied benefits, according to a New York federal court ruling.

Paul Vollmer’s claim for fiduciary breach under the Employee Retirement Income Security Act is time-barred, because it challenges communications made in connection with a 1986 enhanced retirement program, the court held Monday. Vollmer said the breach occurred in 2018, when the company announced changes to retiree health coverage, but the court disagreed, saying the complaint “clearly alleges that the fiduciary ...