Boeing Pension ERISA Litigation

Monper, et al. v. The Boeing Company, et al. 
Case No: 2:13-cv-01569-RSM
United States District Court for the Western District of Washington at Seattle

Case Overview

The Plaintiffs are three Boeing employees who worked for Boeing’s subsidiary McDonnell Douglas in Long Beach, California and were induced to transfer to Boeing’s Seattle-area facilities in 2007 after they received repeated assurances that their future pension benefits would not be reduced. After they relied on these misrepresentations and transferred, they learned that they had been misled, and their early retirement benefits will be reduced by thousands of dollars per month.

The Amended Complaint brings claims for breach of fiduciary duty and equitable remedies under ERISA Section 502(a)(3) based on the false promises Plaintiffs received from recruiters, benefits and HR offices at Boeing, and on Boeing’s TotalAccess benefits hotline.

Case Status

On May 13, 2015, the Court ruled that the fiduciary breach claims can go forward against the main fiduciary defendants – Boeing, McDonnell Douglas, Boeing’s Employee Benefit Plans Committee, and its members. The Court held that Plaintiffs pleaded facts “sufficient to raise the reasonable inference that Boeing and McDonnell Douglas were responsible for the misconduct alleged,” and that “the Committee failed to take appropriate steps to ensure that ministerial employees provided Plaintiffs with the complete and accurate information missing from the Plan documents themselves.” The case will also proceed with co-fiduciary and monitoring claims against Boeing’s Board of Directors, its members, and another plan administrator. On April 28, 2016, the Court denied Defendants’ motion for summary judgment on an “actual knowledge” statute of limitations defense, again allowing the case to proceed.

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