Southern Co. Retirees Revive Pension Math Suit as Circuits Align

May 26, 2026, 5:03 PM UTC

Southern Company Services Inc. retirees won revival of their lawsuit challenging how the Atlanta-based energy company calculates the pensions of certain married workers.

Pension plans must use “the kind of actuarial assumptions a reasonable actuary would use” when calculating the payments owed to workers who choose optional benefit formats instead of traditional, single-life pensions, the US Court of Appeals for the Eleventh Circuit held Tuesday, becoming the second federal appeals court to read a “reasonableness” requirement into the Employee Retirement Income Security Act’s pension calculation rules.

“Actuarial equivalence connotes a degree of connection to empirical grounding and realistic expectations about ...

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