The Future Of Cash Balance Retirement Plans

Law360, New York (September 5, 2006, 12:00 AM EDT) -- The fate of "cash balance" plans has been much debated over the last few years, and many of the more contentious issues surrounding the plans’ maintenance and operation have been settled prospectively under the recently enacted Pension Protection Act of 2006 (the "Act").

For existing cash balance plans, however, some key legal obstacles remain, due in part to the holding in a U.S. district court case, Cooper v. IBM Personal Pension Plan. The appeal in that case has now been decided in a way that is...
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