Military-Member Employees Sue FedEx Over Pension Contributions
The lawsuit claims FedEx did not properly calculate pension benefits and contributions as required by the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Two employees have filed a proposed
class action lawsuit under the Uniformed Services Employment and
Reemployment Rights Act (USERRA) on behalf of a class of current and
former employees of Federal Express Corporation (FedEx) who did not
receive the full pension and retirement contributions mandated by USERRA for the periods in which the FedEx employees took leave from FedEx to serve in the United States Armed Forces.
According to the lawsuit,
because thousands of service members employed by FedEx regularly work
hours and receive compensation that are not fixed, their compensation
has been “not reasonably certain.” Under USERRA, contributions for
employees’ whose compensation is “not reasonably certain” for periods of
qualified military service must be calculated using a formula that
measures each employee’s own average rate of compensation during the
12-month period immediately prior to the period of qualified military
service. This formula is commonly called a “12-month look-back” rule.
The
lawsuit claims that since 2002 FedEx and the pension plan defendants
have applied a policy for making pension and retirement contributions
for periods of qualified military service that did not comply with
USERRA, because they did not apply the 12-month look-back formula that
USERRA requires. Instead, FedEx has applied a formula that is not a true
12-month look-back to determine the pension and retirement
contributions and credits of employees whose compensation is not
reasonably certain.
FedEx’s formula multiplies the average rate
of pay during the 12-month period before a period of military service by
the number of hours the FedEx employee would have worked without taking
into account overtime or other factors that would increase the number
of hours the FedEx employee works. “For FedEx employees like [the
plaintiffs] whose compensation is not reasonably certain because they
often work more than 40 hours in a week and receive overtime
compensation, FedEx’s compensation formula always—or nearly
always—causes the employees to receive lower amounts of USERRA pension
and retirement contributions and credits than the amounts that are
required under USERRA’s 12-month look back rule for their periods of
qualified military service,” the lawsuit states.
The plaintiffs
request that the court declare that FedEx’s policy with respect to the
formula by which the pension and retirement contributions or credits
related to employees’ qualified military service were calculated by
FedEx and the its two retirement plans violated the rights of [employees
and former employees] under USERRA, and order that FedEx and the plans
re-calculate pension and retirement benefits consistent with USERRA. In
addition, the suit asks that FedEx fully compensate employees for the
loss of benefits due to its violation of USERRA, among other things.
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Betterment Expands Board of Advisors; Northern Trust Hires Two for Taft-Hartley Business; SSGA Names Head of
Americas Institutional Partnership Sales; and more.
Tech-focused 401(k) provider Betterment for Business welcomes Judy Mares and Laraine McKinnon to its Board of Advisors. Each brings more than 20 years of experience in the defined contribution (DC) market to the table.
Mares served as deputy assistant secretary for Policy in the Employee Benefits Security Administration of the U.S. Department of Labor (DOL) from 2013 until January 2017. While at the DOL, she was part of the team that designed the fiduciary rule as well as guidance on ESG investing. She’s also served as a chief investment officer for several Fortune 500 companies.
McKinnon spent more than two decades at BlackRock, where she most recently served as a retirement readiness strategist. McKinnon built and delivered DC tools and analytics to support senior finance and human resources executives as well as top financial advisers.
“We are thrilled to have Judy and Laraine join our Board of Advisors,” says Cynthia Loh, general manager of Betterment for Business. “Their deep expertise in the defined contribution space and strong advocacy for retirees will help further our mission to empower people to take control of their financial futures and make the most of everything they earn.”
NEXT: Northern Trust Hires Two for Taft-Hartley Business
Northern Trust
Hires Two for Taft-Hartley Business
Northern Trust Asset
Management welcomes two industry veterans to its sales team serving the Public funds and Taft-Hartley community.
Tamara Doi Beck, director of Public Funds and Taft-Hartley plans, will be based
out of Denver and serve the West Coast. Ashley
Hartman Alson, director of Public Funds and Taft-Hartley-plans, will be
based out of Dallas and serve the Southern Midwest and Southeast regions.
Both specialize in public, corporate, endowment and
foundations plans. Most recently, Beck was a managing director responsible for
new business development for such plans at Janus Capital Group. She also
served as director of business development for LMCG Investments and senior vice
president for Neuberger Berman. Alson also comes from Janus Capital Group,
where she served public, corporate, endowment and foundation plans as a client
executive. Previously, she was a senior relationship manager for Morgan Stanley
Investment Management, focusing on large corporate liquidity sales. She
also held several roles at JPMorgan.
“Tamara and Ashley bring extensive capital markets
expertise, client relationship management and new business development skills
to an already strong client facing team within Northern Trust Asset
Management,” says Bob Parise, practice lead for Public Funds and
Taft-Hartley.
NEXT: SSGA Names Head of Americas Institutional Partnership Sales
SSGA Names Head of Americas Institutional Partnership Sales
State Street Global Advisors (SSGA)
has named Robert McGowan as head of Americas Institutional Partnership
Sales. In this newly created position, McGowan will be responsible integrating
sub-advisory, OCIO partnerships and DC platform sales.
McGowan brings more than
15 years of sales and management experience across the sub-advisory and
financial institutions channels. He’s served as head of Third Party Retail and
Financial Institutions Group at UBS. He’s also held various leadership
positions throughout UBS and Deutsche Asset Management.
He will report to Kevin Smith, head of Sales for Americas ICG.
He will lead his efforts alongside Smith; Kelly
Cavagnaro, head of OCIO Partnerships;
Greg Porteous, head of Defined Contribution Intermediary Strategy; and Tony Scola, head of U.S. Sub-Advisory.
NEXT: MassMutual Rebrands
MassMutual Rebrands
After
operating in the industry for more than a century, Massachusetts Mutual Life Insurance Company has unveiled a new brand
in an attempt to better reflect its core values and the idea of
interdependence.
“Since 1851,
MassMutual has been guided by our founding principle—we are people coming
together to look out for one another,” says Gareth Ross, MassMutual chief digital and customer experience officer.
“We know people are inherently reliant on one another, whether that’s at home,
in the workplace or in the community. Our new positioning celebrates these
relationships, underscoring that when we depend on each other, we are not only
more secure—but life is also happier and more fulfilling.”
Jennifer Halloran, MassMutual head of brand and advertising adds, “Much has changed in
the past decade—we live our lives differently, connecting on social media and
depending on each other at all stages of life. As we took a close look at the
key attributes that distinguish us from our competitors, we saw this as not
only an opportunity to communicate who we are, but to also help more Americans
with holistic financial solutions at a time they need the help the most.”
MassMutual points
to research indicating that nearly one-third (32%) of young adults between the
ages of 18 and 34 now live at home with their parents, and only
one-third of Baby Boomers are confident they will have enough money to last
through their retirement. In addition, a vast amount of Americans, particularly
those that belong to Generation X are taking care of both parents and children.
Moreover, Millennials
are the largest living generation and the biggest group in the workforce, but
they are burdened with more than $1.3 trillion in student loan debt, according
to MassMutual. Furthermore, median middle class income fell 4% in the
past decade.
“This is
just the beginning of the next chapter in MassMutual’s long journey of helping
people secure their future and protect the ones they love,” says Ross.
NEXT: Bank of America Merrill Lynch Expands Retirement Business
Bank
of America Merrill Lynch Expands Retirement Business
Bank
of America Merrill Lynch has hired Lisa Margesonto lead the newly formedRetirement
Client Experience & Communicationsgroup, which is responsible for engaging both
personal and institutional retirement clients along with plan participants.
Led by Margeson, the team will oversee the firm’s various
offerings including its financial wellness program, benefits online portal and
Life Priorities framework. Margeson
brings years of industry experience to her new role.Previously,
she served as head of Marketing and Creative
Services for Retirement Solutions at Voya Financial. She joined Voya (formerly ING US) through the
firm’s purchase of CitiStreet, where she served as chief marketing officer at the
time of the acquisition. Margeson
also spent nine years at Fidelity Investments as director of institutional bank
marketing. Prior to Fidelity, she worked as an account representative at a
Boston-based financial planning and investment management firm where she held a
variety of client and investment portfolio service positions.
Margeson earned a bachelor’s degree in math and economics from
Brown University in Providence, Rhode Island and a master’s degree in business
administration from Boston University.
NEXT: The Standard
Hires Retirement Consultant
The Standard Hires
Retirement Consultant
Ryan Racine has
joined The Standardas a retirement plan consultant for its Central Sales Region. Based in
Tampa, he has more than a decade of experience in the financial services
industry behind him. Prior to joining The Standard, Racine was the regional
sales manager for the southeast region at Aspire.
Racine received the Chartered
Retirement Plans Specialist designation in 2015 and Professional
Plan Consultant credential in 2016. He was also recognized in 2016 as one of
NAPA’s 100 Top Wholesalers.
“Ryan has been recognized in the
industry for his ability to partner well with advisers and plan sponsors,” says
Rita Taylor-Rodriguez, regional sales
director for The Standard’s Central Sales Region. “He brings energy,
experience and perspective to this position. We are excited to have him on
board.”