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HOLLIDAY v. XEROX CORP.

No. 83-1058.

732 F.2d 548 (1984)

Robert G. HOLLIDAY, on behalf of himself and all other persons similarly situated, Plaintiff-Appellant, v. XEROX CORPORATION, Xerox Corporation Profit Sharing Retirement Plan, and Xerox Corporation Retirement Income Guaranty Plan, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided April 25, 1984.

Attorney(s) appearing for the Case

James E. Brenner, argued, William V. Lewis, Fischer, Franklin, Ford, Simon & Hogg, Detroit, Mich., for plaintiff-appellant.

Linda O. Goldberg, Miller, Canfield, Paddock, Stone, Detroit, Mich., Alfred H. Hoddinott, Jr., argued, Stamford, Conn., for defendants-appellees.

Before MERRITT and KRUPANSKY, Circuit Judges, WEICK, Senior Circuit Judge.

MERRITT, Circuit Judge.

This is an ERISA case. Many years ago, Xerox began establishing with company funds two pension fund accounts for each employee, neither of which provided for a uniform employee minimum pension floor. The first account, labeled the "optional account," is subject to limited encroachment prior to retirement; and the second, labeled the "retirement account," is reserved solely for retirement. Both are used to purchase annuities upon the retirement...

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