01/03/2025
On December 30, 2024, Edward Stone Law P.C. and Elizabeth Hopkins, Esq. of Kantor & Kantor, LLP filed a class action lawsuit in U.S. District Court for the Southern District of New York on behalf of approximately 56,000 Verizon Communications Inc. retirees who formerly participated in one of two defined benefit pension plans, the Verizon Management Pension Plan and the Verizon Pension Plan for Associates. The lawsuit challenges the transfer of approximately $5.9 billion in pension liabilities to the Prudential Insurance Company of America (PICA) and RGA Insurance Company (RGA), alleging breaches of fiduciary duty and prohibited transaction claims under ERISA.
The suit alleges that the pension risk transfer to PICA and RGA “resulted in all 56,000 of these retirees losing all of the uniform protections intended by Congress under ERISA, including the Federal backstop provided to all ERISA protected plans by the Pension Benefit Guaranty Corporation ("PBGC").”
The lawsuit further alleges that Plan Fiduciaries turned a blind eye to highly suspect transactions with affiliates located in “regulation light” jurisdictions and that those affiliated party transactions were anything but “arm’s length” putting plan participants in harm’s way.
The Complaint details how the Plan Fiduciaries acted out of self-interest rather than in the best interests of plan participants in violation of ERISA.
Defendants in the lawsuit are Verizon Communications Inc., the Verizon Employee Benefits Committee, as Plan Administrator, Verizon California Inc., as Plan Sponsor of the Verizon Plan for Associates, Verizon Corporate Services Group Inc., as Plan Sponsor of the Verizon Management Pension Plan, and State Street Global Advisors Trust Co., who acted as independent fiduciary to the retirement plans.
Representative Plaintiffs are Maureen Dempsey, Heinz E. Schlenkermann, and Chris Shelton.
The case is: Dempsey, et al. v. Verizon Communications Inc., et al.
United States District Court, Southern District of New York
Case No. 1:24-cv-10004
For more information, please contact Edward S. Stone, Esq. at [email protected].