topics that matter; ideas worth sharing

share a tip, submit a link, add something new

Federal appeals court rules for IBM in pension case

August 8, 2006, 09:01 AM —  IDG News Service — 

A federal appeals court Monday ruled that IBM Corp. did not discriminate against its employees on the basis of age, overturning an earlier verdict in that case.

"All terms of IBM's plan are age-neutral. Every covered employee receives the same 5 percent pay credit and the same interest credit per annum," said the U.S. Court of Appeals for the Seventh Circuit, negating contentions by a class-action suit that IBM had favored younger employees over older when it switched pension plans in 1999.

"The judgment of the district court is reversed, and the case is remanded with directions to enter judgment in IBM's favor," the decision said.

The case centered on the difference between defined-benefit and cash-balance pension plans. A defined-benefit pension means that the employee will receive a fixed amount each month from the employer after retirement. Cash-balance plans give employees the same interest rate, but not necessarily the same benefit.

Because employees who join the company at a younger age receive more compounded interest, the plaintiffs in the case argued that it discriminated against older workers and those who began their pension under the earlier plan.

Over 1,000 U.S. companies now offer cash-balance pension plans, according to a statement by Covington & Burling LLP, IBM's attorneys in the appeal. Because the lower court's ruling had said that cash-balance plans were unlawful, the ruling could have a significant impact on the implementation of pension plans in the U.S. now that the decision is overturned.

IDG News Service

I like it!
Post a comment
The content of this field is kept private and will not be shown publicly.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd>
  • Lines and paragraphs break automatically.
Resources
White Paper

Symantec Backup Exec 12 and Backup Exec System Recovery 8 deliver industry leading Windows data protection and system recovery. Download this whitepaper to find out the top reasons to upgrade and how to get continuous data protection and complete system recovery.

Webcast

Data and system loss — from a hard drive failure, malicious attack, natural disaster, or simple human error — can happen anytime. Don’t leave your business vulnerable. Make sure you have a secure recovery strategy in place. Symantec's latest backup and system recovery technology can efficiently restore critical applications, individual emails and documents and even restore your entire system in minutes in the event of a loss.

White Paper

Businesses face a growing challenge to ensure that the IT environment is properly protected. Backup Exec 12 integrates with other applications in the Symantec family of products, to complement your current data protection strategy, keep your data securely backed up and make it recoverable when you need it most.

Free stuff
Featured Sponsor

AISO founders envisioned a Web hosting company that was environmentally friendly. While the company employed energy-efficient innovations like solar panels, its infrastructure produced unacceptable power and cooling requirements. Find out how AISO leveraged AMD technology to overcome their challenge in this case study white paper.

In this whitepaper, Scalar explores the opportunity to change the landscape with respect to mission critical databases built around Oracle. Leveraging technologies such as Linux, high-end commodity processing power and Oracle RAC technology to architect, design, build and maintain database infrastructure that delivers maximum availability, reliability and performance at a fraction of traditional cost.

On a typical day, weather.com, the Web site for The Weather Channel in Atlanta, serves up between 15 million and 20 million page views. But in September 2004, when back-to-back hurricanes ransacked Florida, the peak traffic on one day more than tripled: over 70 million page views by more than 7 million unique visitors. Read the full success story now.

More Resources