Matthews

AMENDED ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Defendants Xerox Corporation, The Xerox Income Retirement Guarantee Plan, and Hewitt Associates, LLC (collectively “Defendants”) move this Court pursuant to Federal Rule of Civil Procedure 56 for summary judgment in their favor. On March 25, 2004, this Court heard the parties oral arguments and now issues the following amended order.

A. Factual Background

Plaintiff John E. Matthews (“Plaintiff’ or “Matthews”) is a retired employee of Xerox Corporation and was entitled to a pension benefit under the Xerox Corporation Retirement Income Guarantee Plan (the “plan”). Statement Undisputed Facts, ¶ 1. Under the plan, a participant’s retirement benefit is the largest of the benefit amounts computed based on five different formulas. Attachment A to Affidavit of Arlyn Easter, § 4.2. In Plaintiffs case, the value of Plaintiffs Transitional Retirement Account was the highest and therefore the appropriate amount. Statement Undisputed Facts, ¶ 3. The plan provides that the valuation date for that account is the first business day after the later of (1) the first day of the month following the month in which Plaintiff retired; (2)…