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LAURENZANO v. BLUE CROSS AND BLUE SHIELD OF MASS.

No. CIV.A. 99-11751-WGY.

134 F.Supp.2d 189 (2001)

James G. LAURENZANO, M.D., individually, and on behalf of all others similarly situated, Plaintiff, v. BLUE CROSS AND BLUE SHIELD OF MASSACHUSETTS, INC. RETIREMENT INCOME TRUST, Defendant.

United States District Court, D. Massachusetts.

March 27, 2001.

Attorney(s) appearing for the Case

Allen C. Engerman, Law Offices of Allen C. Engerman, P.A., Northbrook, IL, Edward F. Haber, Shapiro, Grace & Haber, Boston, MA, Steven A. Katz, Karr, Korein, Tillery, Kunin, Montroy, Cates & Glass, Belleville, IL, Christine E. Morin, Shapiro, Grace, Haber & Urmy, Boston, Douglas A. Sprong, Carr, Korein, Tillery, Kunin, Montroy, Cates & Glass, Belleville, IL, for Plaintiffs.

Anthony A. Bongiorno, McDermott, Will & Emory, Boston, MA, Joseph D. Halpern, Blue Cross and Blue Shield of Mass., Boston, MA, Laura McLane, McDermott, Will & Emery, Boston, MA, James A. Paretti, Jr., McDermott, Will & Emergy, Boston, MA, Brian W. Robinson, McDermott, Will & Emery, Boston, MA, Nancy G. Ross, McDermott, Will & Emery, Chicago, IL, F. Dennis Saylor, IV, Goodwin Procter LLP, Boston, MA, for Defendants.

MEMORANDUM AND ORDER

YOUNG, Chief Judge.

If a defined benefit pension plan normally provides retirement benefits in the form of a life annuity that includes a cost-of-living adjustment ("COLA"), must a lump sum distribution in lieu of the annuity include the present value of the projected COLA payments? This Court holds that it must, and that each participant in a plan that does not has approximately six years from the date of his distribution to seek redress...

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