Robbie Hargett Sep. 22, 2015, 9:33am


A Greensboro, N.C. resident is suing an employee benefits plan over claims of unpaid benefits.

Jacqueline D. Baxley filed a civil action complaint Sept. 18 in the U.S. District Court of the Eastern District of Louisiana against Belk 401(k) Savings Plan, alleging a violation of the Employee Retirement Income Security Act of 1974 (ERISA).

On June 12, 2001, now-deceased William R. Kiger III, a plan participant, executed the Belk 401(k) Savings Plan Beneficiary Designation Form designating his father W. Ray Kiger Jr., and now-deceased Eugene L. Dominy as plan beneficiaries, according to the complaint.

Dominy applied for benefits as a beneficiary of the plan and was paid 30 percent of the benefits but was denied the remainder.

On Sept. 27, 2013, the complaint states, Dominy completed a Belk Beneficiary Designation Form identifying his sister, Baxley, as a beneficiary. After appealing the defendant's decision to deny his claim to plan benefits, Dominy died on July 21.

On Sept. 10, Dominy's appeal was denied, but the complaint states the defendant is obligated to pay benefits according to the plan under ERISA.

Baxley seeks to recover an estimated $320,000 in remaining benefits, plus court costs and attorney fees.

She is represented by James F. Willeford and Reagan L. Toledano of Willeford & Toledano in New Orleans.

U.S. District Court of the Eastern District of Louisiana case number 2:15-cv-04575

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