JENSEN v. SOLVAY CHEMICALS, INC.

No. 09-8082.

625 F.3d 641 (2010)

Wade JENSEN; Donald D. Goff, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. SOLVAY CHEMICALS, INC.; Solvay America, Inc.; Solvay America Companies Pension Plan, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 7, 2010.


Attorney(s) appearing for the Case

Stephen R. Bruce , Stephen R. Bruce Law Offices, Washington, D.C., ( Allison C. Pienta , Stephen R. Bruce Law Offices, and Richard Honaker , Honaker Law Offices, LC, Rock Springs, WY, with him on the brief), for Plaintiffs-Appellants.

J. Richard Hammett , Baker & McKenzie LLP, Houston, TX, ( Scott M. Nelson , Baker & McKenzie LLP; Paul J. Hickey and O'Kelley H. Pearson , Hickey & Evans, LLP, Cheyenne, WY, with him on the brief), for Defendants-Appellees.

Before HARTZ, HOLLOWAY, and GORSUCH, Circuit Judges.


HARTZ, Circuit Judge.

Wade E. Jensen and Donald D. Goff (Plaintiffs) represent themselves and a class of current and former employees of subsidiaries of Solvay America, Inc. who are at least 40 years old, participated in the Solvay America Companies' Pension Plan before January 1, 2005 (the old plan), and since that date have been subject to the plan's Retirement Account Balance Formula (the new plan), a type of formula known as a cash-balance formula.

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