Fiduciary Duty Claim Against Xerox Pension Plan Not Time-Barred, Judge Rules

Fiduciary Duty Claim Against Xerox Pension Plan Not Time-Barred, Judge Rules

ROCHESTER, N.Y. - A Xerox Corp. pension plan participant's claim that the plan breached its fiduciary duty under the Employee Retirement Income Security Act by disregarding a Ninth Circuit U.S. Court of Appeals ruling and applying a phantom account offset to his pension benefits was not time-barred, although his claims for benefits were, a federal judge in New York ruled Oct. 30 (Testa v. Becker, et al., No. 10-6229, W.D. N.Y.; 2013 U.S. Dist. LEXIS 155577).

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