Evercore Trust Co NA v. Thedacare Inc et al

Filing 20

JUDGMENT signed by Deputy Clerk in favor of Evercore Trust Co NA against ThedaCare Inc Pension Plan Retirement Committee and Thedacare Inc., signed by Chief Judge William C Griesbach on 09/15/2014. Plaintiffs claim for equitable relief pursuant to Se ction 502(a)(3) of ERISA (reformation) is granted. The eligibility requirements for the Grandfathered Benefit reflected in the amendments to the ThedaCare, Inc. Pension Plan (the Plan) referenced in the Stipulation are to be calculated based on Years of Benefit Service instead of Years of Vesting Service; ThedaCare, in its capacity as sponsor of the Plan, is directed to equitably reform the Plan to correct and/or amend the Plan to reflect the clear intent of the amendments as set forth in the Stipulation. (cc: all counsel)(Griesbach, William)

AO 450 (R ev. 5/85) Judgment in a C ivil C ase q

United States District Court
EASTERN DISTRICT OF WISCONSIN

EVERCORE TRUST CO. NA,
Plaintiff,
JUDGMENT IN A CIVIL CASE
v.
Case No. 14-C-160
THEDACARE, INC., and
THEDACARE INC. PENSION PLAN
RETIREMENT COMMITTEE,
Defendants.

9

Jury Verdict. This action came before the Court for a trial by jury. The issues have been
tried and the jury has rendered its verdict.

:

Decision by Court. This action came before the Court for consideration.

IT IS HEREBY ORDERED AND ADJUDGED that the Plaintiff’s claim for equitable
relief pursuant to Section 502(a)(3) of ERISA (reformation) is granted. The eligibility requirements
for the Grandfathered Benefit reflected in the amendments to the ThedaCare, Inc. Pension Plan (the
“Plan”) referenced in the Stipulation are to be calculated based on “Years of Benefit Service” instead
of “Years of Vesting Service”;
IT IS FURTHER ORDERED AND ADJUDGED that ThedaCare, in its capacity as
sponsor of the Plan, is directed to equitably reform the Plan to correct and/or amend the Plan to
reflect the clear intent of the amendments as set forth in the Stipulation.

Approved:

s/ William C. Griesbach
William C. Griesbach, Chief Judge
United States District Court

Dated: September 15, 2014.
JON W. SANFILIPPO
Clerk of Court
s/ Cheryl A. Veazie
(By) Deputy Clerk