⚖️ Joe West, 4 umpires sue MLB pension plan over $2M+ in benefits

Five retired MLB umpires, Joe West among them, sued their retirement plan on Sept. 29 in federal court in New York, the AP reported on Thursday, Nov. 5. USA Today was first to report the suit. The five say their benefits were calculated wrongly, and their lawyer puts the shortfall above $2 million.

Who says what

Per the AP, West, Tom Hallion, Gerry Davis, Larry Vanover and Jerry Layne claim their benefits were not correctly calculated. They allege they should receive additional money under the Employee Retirement Income Security Act of 1974, the federal law governing private pensions. The AP quotes their lawyer, Paul B. Holmes, saying the amount owed the five is in excess of $2 million. The New York Post reports Holmes puts it at around $2 million.

The New York Post, citing the lawsuit, describes a 44-page complaint. It says the five were "paid far less than the full benefit earned under the Plan." This is the plaintiffs' claim, not a finding by any court.

The plan terms they cite

According to the New York Post, all five had at least 25 years of major-league service and retired after age 65. Holmes told USA Today, as quoted by the Post, that they retired in their mid-to-late 60s and that "under the unique structure of the umpires' pension plan, MLB tried to short-change them." The Post also reports that West and Vanover took their benefit as a lump sum, while the other three receive yearly payments.

The reports read give no claim amount for each umpire, only the combined figure. The retirement years are from the AP. The payment forms are from the New York Post.

The defendants

The AP says the suit was filed against the American Leagues and National Leagues of Professional Baseball Clubs Retirement Income Plan for Umpires and that entity's retirement committee. The New York Post's headline and lead describe the suit as one against Major League Baseball. The AP says the umpires sued as individuals and that the Major League Baseball Umpires Association is not a party. Holmes told the AP that "the union wanted to stay out of it."

The response

MLB declined comment on Wednesday, citing the pending lawsuit, per the AP. The New York Post says MLB has declined to comment to multiple outlets. West says an MLB executive answered his complaint to the retirement committee with a line now at the center of the story.

"If you don’t like the number, sue us."

Joe West, recalling what MLB senior vice president and chief employment counsel Steven Gonzalez told him, as reported by the AP

The AP says West was offered a relatively small sum after he raised the issue. Gonzalez's side of that exchange does not appear in the reports read. No public response from the plan or its retirement committee was found in the reports read.

Holmes also described the road to court to the AP. He said the sides went through the process and settlement talks, and that "MLB's offers were not very competitive." The New York Post adds that the umpires' appeals went through an administrative process and were denied, after complaints began in November 2021. It also reports Holmes saying at least two dozen umpires were not given the proper amount in their pension plan.

What happens next

The AP says U.S. District Judge Ronnie Abrams scheduled a pretrial conference for Dec. 11. No ruling, motion or answer from the defendants appears in the reports read.

Backstory

West worked a record 5,460 regular-season games from 1976 to 2021, per the AP. The AP also reports he was awarded $500,000 in damages in 2021 in a defamation suit against former All-Star catcher Paul LoDuca. Pension money has been a flashpoint before. In 1999, 22 umpires lost their jobs after a mass resignation backfired, and ESPN reported in 2004 that a federal appeals court had ruled West and Vanover, among five umpires rehired in a 2002 partial settlement, were entitled to back pay.

As of Nov 5, 8:26 PM ET, what is confirmed is the Sept. 29 filing, the named plaintiffs and defendants, MLB's decision to decline comment, and the Dec. 11 pretrial conference. Pending are the defendants' formal response in court, any ruling on the claims, and any figure for each umpire. The roughly $2 million total is the plaintiffs' lawyer's number.