DUPONT RETIREMENT BENEFITS CLASS ACTION

Cockerill, et al. v. Corteva, Inc. DuPont Specialty Products USA, LLC, et al.

United States District Court Eastern District of Pennsylvania
Case No. 21-cv-03966-MMB

Update as of May 8, 2026

Optional Retirement Class Deadline – The deadline to make a formal retroactive election was Friday, April 17 2026. 

Members of the Optional Retirement Class were OVER the age of 50 at the time of the spin-off on May 31, 2019, and had more than 15 years of eligibility service. The Optional Retirement Class does not include anyone whose Early Retirement Benefits at spin-off would be equal to, or greater than their Optional Retirement Benefit.

• To obtain the Optional Retirement benefits available pursuant to the Cockerill Litigation, Optional Retirement Class members needed to make a formal election to commence Optional Retirement benefits by contacting Corteva Connection to select a Benefit Commencement Date (“BCD”) and request a Retirement Kit by April 17, 2026.
• For those Optional Retirement Class members already receiving their pension payments, who are “in-pay” status, the Retirement Kit and Pension Election Authorization (“PEA”) form are sent together, but only the PEA is signed and returned.
• For the Optional Retirement Class members not currently receiving their pension benefits, the Retirement Kit is provided first. The Optional Retirement Class member makes elections regarding form of payment, delivery, and withholding, and then the PEA is sent, which must be signed and returned.
• Optional Retirement Class members not currently receiving their pension benefits can continue to make an election for future (but not retroactive) optional retirement benefits.

The PEA form can be returned after the April 17, 2026 deadline so long as the class member (a) timely requested the Retirement Kit on or before the April 17, 2026 deadline, and (b) timely completed and returned the PEA form in conformance with the deadlines specified within the Retirement Kit (which typically provides 60 days to return). For clarity, the Retirement Kit specifies the date the PEA should be returned, and when the Retirement Kit will expire.

Optional Retirement Class members will not be permitted to request a different Benefit Commencement Date (“BCD“) or a new Retirement Kit/PEA form after the April 17, 2026 deadline. Failure to comply with these deadlines foreclosed the Optional Retirement Class member from seeking Optional Retirement benefits pursuant to the litigation.

Early Retirement Class Deadline – The deadline to make a formal election was May 1, 2026

Members of the Early Retirement Class were UNDER the age of 50 at the time of the spin-off on May 31, 2019, and had more than 15 years of eligibility service, and continued to be employed, post spin-off by New DuPont until they reached the age of 50.

To obtain the Early Retirement benefits available pursuant to the Cockerill Litigation, an Early Retirement Class member had to select a Benefit Commencement Date (“BCD”) for their Early Retirement benefit by May 1, 2026 by doing either of the following:

• For retroactive elections, by May 1, 2026, an Early Retirement Class member must make a formal election to commence Early Retirement benefits by contacting Corteva Connection to select a BCD and to request a Retirement Kit.
• For those Early Retirement Class Members currently receiving their pension benefits,  who are “in pay” status, the Retirement Kit and Pension Election Authorization (“PEA”) form are sent together, but only the PEA is signed and returned.
• For those Early Retirement Class Members not currently receiving their pension benefits, the Retirement Kit is provided first. The Early Retirement Class member makes elections regarding form of payment, delivery, and withholding, and then the PEA is sent, which must be signed and returned.

The PEA form can be returned after the May 1, 2026 deadline so long as the class member (a) timely requested the Retirement Kit on or before the May 1, 2026 deadline, and (b) timely completed and returned the PEA form in conformance with the deadlines specified within the Retirement Kit (which typically provides 60 days to return). For clarity, the Retirement Kit specifies the date the PEA should be returned, and when the Retirement Kit will expire.

Early Retirement Class members will not be permitted to request a different BCD or a new Retirement Kit/PEA form after the May 1, 2026 deadline. Failure to comply with these deadlines foreclosed the Early Retirement Class member from seeking Early Retirement benefits pursuant to the litigation.

For future elections, Early Retirement Class members must complete and return a Special Early Retirement BCD Selection Form by May 1, 2026. Failure to comply with this deadline forecloses the Early Retirement Class member from seeking Early Retirement benefits pursuant to the litigation.

Dispute Over Retroactive Benefit Election by Early Retirement Class Members – Resolved in Plaintiffs’ Favor

Plaintiffs filed a Motion on Thursday, January 29, 2026 asking the trial Court to clarify that Early Retirement Class Members may elect a retroactive benefit calculated back to any date on or after the spin-off on June 1, 2019 after they reach age 50, provided they reached age 50 while still employed by New DuPont. Any such class member must terminate their employment with New DuPont before commencing those retirement benefits. Plaintiffs filed this motion after learning from Early Retirement Class Members that Corteva Connection/Alight has provided erroneous information regarding the timing of retroactive benefit elections.

Judge Baylson resolved this dispute in Plaintiffs’ favor, issuing an Order on March 3, 2026 providing that:

1. Early Retirement Class Members may elect a retroactive benefit as of any date on or after June 1, 2019, after they reached the age of 50, provided that they reached the age of 50 while still working at New DuPont and terminate their employment as part of the election; and
2. The election period for Early Retirement Class Members is hereby extended 60 days to Friday, May 1, 2026; and
3. Defendants must notify Early Retirement Class Members by mail and email, using the language proposed by Plaintiffs in ECF 476, Exh. A, of this clarification within ten (10) days of this Court’s Order; and
4. Any Early Retirement Class Member who made an election based on the incomplete or incorrect advice of Alight may have a one-time opportunity to cancel that election and make a new election based on the complete information received in the notices.

On March 12, 2026, a Notice of Clarification was emailed and mailed to all members of the EARLY RETIREMENT CLASS notifying them that the parties’ dispute over retroactive benefits had been resolved. A copy of the Notice of Clarification can be found here. The Notice was emailed to Early Retirement Class Members by The BMC Group, Inc, from the email address of enotice@bmcgroup.com. The Notice instructs Early Retirement Class Members that they:

• are entitled to elect a retroactive benefit beginning on any eligible date following the Spin-off (i.e., on or after June 1, 2019) after attaining age 50, “provided that they reached the age of 50 while still working at New DuPont and terminate their employment [with New DuPont] as part of the election.”
• Early Retirement Class Members who are still working for New DuPont (or its subsidiaries) must terminate their employment with New DuPont as part of the election
• Early Retirement Class Members who are NOT CURRENTLY EMPLOYED BY NEW DUPONT do not need to terminate their employment. This includes Early Retirement Class Members who are now working for Celanese or Qnity.

Requests for Information by Class Members

We have received many phone calls and emails from Class Members. We will respond to all phone calls and emails, but the response time may be delayed to the number of inquiries we are receiving. You can email us at lisa@edwardstonelaw.com, or call us at (203) 504-8425. Please leave your name, phone number, and email address.

Many of you have questions regarding the pending appeal, and how that impacts your election of the retirement benefits you are eligible for as a result of the Final Judgment in this lawsuit. Defendants have appealed the Court’s decision in this lawsuit, and have asked the Third Circuit Court of Appeals to overturn the District Court’s decision. All Early Retirement Class Members and most Optional Retirement Class Members must make an election for benefits within 120 days of the Notice of Final Judgment (April 17, 2026). This means that most Class Members must make a decision on or before April 17, 2026, and cannot wait to see what happens with the appeal. Defendants have stated that they will attempt to get back the increased amount paid to you if they win on appeal. However, defendants ability to recoup payments is limited. Please read below for more information.

Impact of the Appeal – Limited Right of Recoupment if Judgment is Overturned on Appeal

You are entitled to take your increased benefit because Plaintiffs won at trial. While you are getting those increased benefits, DuPont is appealing the trial decision. If DuPont wins the appeal, and only if they win, it could have the right to take back the amount of the increase, but only the increase, not the original amount, depending upon how the appellate court rules. Whether DuPont will win and whether they will try to recoup money if they win will not be known until after the appeal. Also, DuPont will only be able to take back 10% per year for 10 years.

• Early Retirement Class Members: If the district court’s decision is overturned on appeal, meaning that the Defendants win the appeal and the Third Circuit Court of Appeals says that you were not entitled to the Early Retirement Benefits, the Plan would be permitted to attempt to collect any overpayment that you may receive. However, the Plan’s ability to recoup is limited to 10% of the amount of your ongoing benefit each year for 10 years.
  • For example: If you choose to begin Early Retirement Benefits now that pays $1,000 a month and the Court of Appeals overturns the decision a year from now, you will have received $12,000 ($1,000 a month for 12 months). If the Plan then reduces your monthly benefit to a “deferred vested” benefit and, for example, that amount is $500 a month ongoing, the Plan would say that you have been overpaid by $500 a month for 12 months, or $6,000 total. The Plan can then recoup 10% per year from your ongoing benefit, in this example that would be $50 a month (or $600 a year), until the $6,000 is fully repaid.
  • If you elect a retroactive benefit and receive a lump sum payment, and the case is overturned on appeal, the Plan will deem the difference between the deferred vested and early retirement benefit amount that you received to be an overpayment and the Plan will collect the same 10% per year of your ongoing benefit until the overpayment is repaid in full.
  • For more information about how recoupment of overpayments works under the current law, please visit The Pension Rights Center’s information on recoupment.
• Optional Retirement Class Members: If the district court’s decision is overturned on appeal, meaning that the Defendants win the appeal and the Third Circuit Court of Appeals says that you were not entitled to the Optional Retirement Benefits, the Plan would be permitted to attempt to collect any overpayment that you may receive. That is, the difference between the Early Retirement benefit amount and the Optional Retirement benefit amount. However, the Plan’s ability to recoup is limited to 10% of the amount of your ongoing benefit each year for 10 years.
  • For example: If you choose to begin Optional Retirement Benefits now that pays $1,000 a month and the Court of Appeals overturns the decision a year from now, you will have received $12,000 ($1,000 a month for 12 months). If the Plan then reduces your monthly benefit to an “Early Retirement” benefit and, for example, that amount is $800 a month ongoing, the Plan would say that you have been overpaid by $200 a month for 12 months, or $2,400. The Plan can then recoup 10% per year from your ongoing benefit, in this example that would be $80 a month (or $960 a year), until the $2,400 is fully repaid.
  • If you elect a retroactive benefit and receive a lump sum payment, and the case is overturned on appeal, the Plan will deem the difference between the early retirement and optional retirement benefit amount that you received to be an overpayment and the Plan will collect the same 10% per year of your ongoing benefit until the overpayment is repaid in full.
  • For more information about how recoupment of overpayments works under the current law, please visit The Pension Rights Center’s information on recoupment.

Stay of Enforcement Denied by the District Court and the Third Circuit

On June 25, 2025, defendants filed a motion for stay of enforcement of the Court’s final judgment, pending appeal. Plaintiffs response to this motion was filed on July 2, 2025. Defendants filed a reply on July 3, 2025, stating their intention to seek a stay from the Third Circuit if Judge Baylson denies their June 25th motion for a stay.

On July 11, 2025, Judge Baylson issued a Memorandum Re: Motion to Stay, writing a thirteen page opinion outlining his reasoning for denying defendants’ requested stay, and holding that,

In short, Defendants have not demonstrated that enforcement of the judgment during appeal would likely result in irreparable harm. Their concerns are either speculative or amount to routine financial exposure that does not meet the Third Circuit’s threshold for this “extraordinary remedy.”

As permitted by the federal rules, after defendants’ motion to stay enforcement of the Final Judgment was denied by Judge Baylson on July 15, 2025, defendants filed a second motion to stay enforcement of the Final Judgment, asking the Third Circuit Court of Appeals to overrule the district court’s denial of a stay. Defendants asked that their motion for a stay be heard on an expedited basis. On July 16th, the Third Circuit issued an order that Plaintiffs’ response be filed by July 17, 2025 at noon.

Late in the afternoon on July 17th the Third Circuit denied Defendants’ Motion to Stay Judgment Pending Appeal.

Status of Appeal – Updated as of May 8, 2026

The Final Judgment issued on May 30, 2025 started the clock ticking on the appeals process. On June 25, 2025, defendants filed a notice of appeal of the Court’s order granting Plaintiffs’ Motion for Attorneys Fees and Costs. On July 10, 2025, Defendants filed a notice of appeal of the Final Judgment. The two appeals were subsequently consolidated, and were briefed together. The Defendants brief was filed with the Third Circuit on November 4, 2025. A copy of Defendants’ brief is available here. Plaintiffs’ (appellees) brief was filed on January 2, 2026. You can read plaintiffs’ (appellees) brief here.

The defendants filed their reply brief on March 3, 2026. The appeal is now fully briefed, and awaits action by the Third Circuit Court of Appeals.

Case History

Judgment for Plaintiffs on Counts II, IV, and VI

After a six day bench trial held during June and September, 2024, on December 18, 2024, the Honorable Michael M. Baylson found in Plaintiffs’ favor on Count II (Claim for Benefits and to Clarify Benefits under 29 U.S.C. § 1132(a)(1)(B) by the Optional Retirement Class), Count IV (Claim for Breach of Fiduciary Duty, 29 U.S.C. § 1104, and Breach of Co-Fiduciary Duty, 29 U.S.C. § 1105 by both the Optional Retirement Class and the Early Retirement Class), and Count VI (Claim for Impermissible Cutback of Accrued Pension Benefits, 29 U.S.C. § 1054(g) by the Optional Retirement Class) of Plaintiffs’ Second Amended Complaint in this litigation.

The Early Retirement Class is comprised of those who were under age 50 with at least 15 years of service with E.I. du Pont de Nemours & Co. (“Historical DuPont”) as of May 31, 2019 and transferred to the newly created DuPont (“New DuPont”) at the time of the spin-off on June 1, 2019, and who continued to be employed, post spin-off by New DuPont until they reached the age of 50.

The Optional Retirement Class is comprised of those over 50 with at least 15 years of service with Historical DuPont as of May 31, 2019, and who continued to be employed, post spin-off, by New DuPont. The Optional Retirement Class does not include anyone whose Early Retirement Benefits at spin-off were equal to, or greater than their Optional Retirement Benefit.

Ruling in Plaintiffs’ favor on Count II, the Court found that:

[T]he Plan language unambiguously requires Optional Retirement Benefits and that the Administrative Committee’s interpretation of Optional Retirement controverts the Plan’s plain language.

The Court also found in Plaintiffs’ favor on Count VI, the anti-cutback claim. Relying on Third Circuit case law, the court concluded that

The Administrative Committee’s interpretation of the spin-off vis-à-vis the Optional Retirement Benefit—which was arbitrary and capricious—had the effect of amending the Plan and cutting back Optional Retirement Class Members’ benefits.

Finally, in finding for Plaintiffs on Count IV (Breach of Fiduciary Duty), the Court concluded that Defendants breached their fiduciary duty to both the Optional Retirement Class and the Early Retirement Class:

[D]efendants never even informed Plan participants in any communications before the spin-off that Optional Retirement Benefits would no longer be available due to the spin-off. The complete omission of any explanation of how the spin-off affected the Optional Retirement Benefit . . . constituted a breach of fiduciary duty owed to the Optional Retirement Class.

[D]efendants’ communications and the SPD [Summary Plan Description] would not inform an Early Retirement Class Member of the fact that they were terminated. In sum, while the Plan interpretation was not unreasonable, Defendants nonetheless breached their duties to communicate that Plan interpretation clearly to the Early Retirement Class, thus breaching their fiduciary duties.

You can read the Court’s Memorandum of Findings of Fact and Conclusions of Law Regarding Liability here.

The Court issued its Final Judgment on May 30, 2025.

Class Definitions Clarified

On May 28, 2025, the Court granted Plaintiffs’ motions seeking clarification on several issues related to class definitions and remedies for class members. In its Order, the Court clarified that:

• The Optional Retirement Class includes individuals whose Early Retirement benefits became equal to their Optional Retirement benefits during the pendency of the lawsuit.
• Individuals who signed purported waivers or releases when terminating their employment after the spin-off are included in the Optional Retirement Class.
• Individuals who had at least 15 years of service but were not yet age 50 prior to a break in service, and who were rehired after January 1, 2007*, are included in the Early and Optional Retirement Classes. *The Court’s original order incorrectly used the date of January 1, 2017. This was rectified in a later order.
• Early Retirement Class members who wish to commence early retirement because of the final judgment that will be issued in this lawsuit must cease employment with their current employer to commence this benefit.

Class Certification

On November 17, 2023, the Honorable Michael M. Baylson granted class certification in this litigation. Judge Baylson certified two classes of workers. A copy of the Class Notice can be found here.

The Early Retirement Class is comprised of those who were under age 50 with at least 15 years of service with E.I. du Pont de Nemours & Co. (“Historical DuPont”) as of May 31, 2019 and transferred to the newly created DuPont (“New DuPont”) at the time of the spin-off on June 1, 2019, and who continued to be employed, post spin-off by New DuPont until they reached the age of 50.

The Optional Retirement Class is comprised of those over 50 with at least 15 years of service with Historical DuPont as of May 31, 2019, and who continued to be employed, post spin-off, by New DuPont. The Optional Retirement Class does not include anyone whose Early Retirement Benefits at spin-off were be equal to, or greater than their Optional Retirement Benefit.

You can read the Memorandum regarding Class Certification here, and the Order here.

Class notices were sent out in May, 2024. A copy of the Class Notice can be found here.

Defendants sought leave from the Third Circuit to appeal the class certification in December, 2023. The Third Circuit denied that petition on April 12, 2024.

Plaintiffs’ Allegations

Plaintiffs are current and former employees of DuPont Specialty Products who allege they were denied early retirement benefits and or optional retirement benefits after the May 31, 2019 DowDuPont spin-off that created three separate public companies: Corteva, Inc.; Dow, Inc.; and DuPont de Nemours, Inc. Plaintiffs allege that the spin-off was a strategy to deprive long-term employees of the benefits they earned through decades of service to their employer, in violation of ERISA’s protective purposes. Plaintiffs’ second amended complaint can be found here.

Plaintiffs’ Counsel

Edward Stone, Esq. and Lisa A. Salmons, Esq. of Edward Stone Law P.C., are working with Susan L. Meter, Esq., Jaclyn Conover, Esq. and Samantha Brener of Kantor & Kantor, LLP, and Daniel M. Feinberg, Esq., Todd Jackson, Esq., and Nina Wasow, Esq. of Feinberg, Jackson, Worthman & Wasow, LLP on this class action lawsuit.

For more information about this case, please email us at eddie@edwardstonelaw.com, call us at (203) 504-8425, or contact us using our contact form.