Federal appeals court rules for IBM in pension case
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
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.
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.
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.







