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National Litigation Hotline

By ALM Staff | Law Journal Newsletters |
August 31, 2006

IBM's Cash Balance Plan Did Not Discriminate Against Older Workers

The U.S. Court of Appeals for the Seventh Circuit recently held that IBM's cash balance plan did not discriminate against older workers in violation of the Employee Retirement Income Security Act of 1974 (ERISA), as amended, where the terms of the plan were age-neutral. Cooper v. IBM Personal Pension Plan, No. 05-3588, 7th Cir. 2006.) In so ruling, a three-judge panel for the Seventh Circuit reversed a 2003 decision of the U.S. District Court for the Southern District of Illinois finding that IBM's cash balance plan violated ' 204 of ERISA, which prohibits reduction of an employee's benefit accrual rate based on age.

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