Case News

Court Denies FedEx’s Attempt to Dismiss Suit by Surviving Same-Sex Spouse of Longtime Employee Seeking Survivor Pension Benefits

U.S. District Court Judge Phyllis Hamilton denied FedEx’s attempt to throw out a lawsuit filed by Stacey Schuett, the widow of a longtime FedEx employee.  FedEx refuses to pay Ms. Schuett a survivor benefit because its pension plan incorporates the federal Defense of Marriage Act (DOMA), even though that law was struck down as unconstitutional by the United States Supreme Court in United States v. Windsor on June 26, 2013.  “Following Windsor… ERISA plans, by definition, must treat couples in same-sex marriages as married for purposes of spousal benefits prescribed under ERISA, such as survivor benefits,” the Court ruled.

For more information, see http://www.nclrights.org/press-room/press-release/federal-court-denies-fedexs-attempt-to-throw-out-suit-by-widow-of-fedex-employee-denied-pension-benefits-based-on-her-spouses-26-years-of-service-to-the-company/.