Renaker Hasselman Scott and Kantor & Kantor. LLP represent a former employee of Helena du Pont Wright in litigation concerning a pension trust established in 1947 by Mary Chichester du Pont Clark. The trust provides pensions to employees of Mary Chichester du Pont Clark’s children and grandchildren, including A. Felix du Pont, Allaire Crozier du Pont, Alice du Pont Mills, Mary Mills Abel Smith, Katharine Gahagan, James Mills, Phyllis Wyeth, Christopher T. du Pont, and Michael du Pont. Positions that may be covered include household employees, secretaries, personal assistants, chauffeurs, stable hands, and grooms, among others.
The litigation seeks to ensure that the pension trust is operated in accordance with the Employee Retirement Security Act of 1974 (ERISA), the federal law that establishes standards for pension plans sponsored by private employers. In June 2019, the United States District Court for the District of Delaware ruled that the pension trust is governed by ERISA.
Generally, ERISA requires that a pension plan provide pensions to employees who work in employment covered by the pension plan for at least five years. ERISA also generally requires that a pension plan provide benefits to the surviving spouses of such employees.