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Conspicuous and Repetitive Disclaimer Attached to Benefit Calculation Carries the Day in Ohio District Court
Bloomberg BNA May 9, 2014
"The court ruled that because the plaintiff was clearly warned that benefit calculations were subject to correction for errors in the employee's record and that the packet stated three times that the quoted benefit amounts were only estimates, the plaintiff could not reasonably rely on the estimates as being correct. Most important in the case, at least to the court, was the fact that the plaintiff had not already received the incorrect, higher amounts with a subsequent reduction in the amount when the error was discovered.... This case is important to practitioners, however, because it shows the need to make sure that all benefit calculations include easily identifiable language that provide that the calculations are merely estimates." [Spiewacki v. Ford Motor Co.-UAW Retirement Board of Administration, No. 1:13-cv-01972-JG (N.D. Ohio May 1, 2014)]
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