email

Stephen R. Bruce
Attorney for Plaintiffs

202.371.8013 phone _ 202.371.0121 fax
stephen.bruce@prodigy.net

Suite 210, 805 15th St. NW Washington, DC 20005

>Solvay Home

Welcome to the Solvay Pension Class Action Lawsuit web page, which provides information and court documents relating to the Solvay class action about a cash balance pension conversion: Jensen v. Solvay America, Inc., C.A. 06-273 (D.Wyo.). See the Court’s February 8, 2008 Order certifying an ERISA class and approving a collection action under ADEA.

IMPORTANT: The trial in this case has been set for August 24, 2009, in Cheyenne, Wyoming.

See the expert actuarial report and the expert statistical report of the Plaintiffs’ actuarial and statistical experts dated March 17 and 31, 2009 and the rebuttal reports dated April 30, 2009 that the Plaintiffs’ actuarial and statistical experts prepared in response to the reports by Solvay’s experts. The expert reports show how Solvay’s cash balance design created periods of “wear-away” during which older employees do not earn any additional retirement benefits. The expert reports also analyze Solvay’s communications about the cash balance plan.

 

 

 

Notices of the age discrimination lawsuit and consent forms were mailed on March 10, 2008 and June 19, 2008. The second mailing went to approximately 950 current and former employees of Solvay Pharmaceuticals, Solvay Solexis, and Solvay Draka who were not included in the initial mailing.

Please read the Notice of Age Discrimination Lawsuit Concerning Benefits Under the Solvay America Companies Pension Plan After 2005 for more information.

To join the class, you must sign and return the Consent Form before June 9, 2008 or before September 17, 2008 if you are a current or former employee of Solvay Pharmaceuticals, Solexis or Draka.  Note: Please do not submit the form posted on this website if you already received the Consent Form in the mail. To confirm whether we received your Consent Form, please call (toll free) 1-866-591-7255.

The Solvay case centers on the conversion of the Solvay America Companies Pension Plan to a “cash balance plan,” which significantly reduced future retirement benefits for employees.  In the lawsuit, the plaintiffs argue that the pension plan conversion is inconsistent with statutory requirements and disclosure rules under ERISA and the ADEA.
 
Below is the class definition for this lawsuit:

The class definition adopted by the District Court covers any and all persons who:

  1. Are current or former employees of subsidiaries of Solvay America, Inc.,
  2. Were age 40 or more as of February 8, 2008; and
  3. Participated in the Solvay America Companies Pension Plan before January 1, 2005, and have been subject to the “Retirement Account Balance Formula” on or after January 1, 2005.

Attorneys handling the class action are:

  • Stephen R. Bruce, Washington, D.C., lead counsel
  • Richard Honaker, Rock Springs, WY
     

 

El Paso Pension end
 
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