The following is not meant to be legal advice.
In late January 2007, in Register v. PNC Financial Services Group, Inc. (PNC), Court of Appeals No. 05-5445 (3rd Cir., Jan. 30, 2007), the Federal Court of Appeals for the Third Circuit affirmed dismissal of a class action against PNC Financial Services Group, the cash balance pension plan, and the plan committee.
The court rejected plan participants’ claims that that the PNC plan violated ERISA’s prohibition against “backloading”, and that cash balance plans inherently discriminated against older workers because of age. Plaintiffs did not demonstrate that Congress intended to ignore the time value of money when it enacted ERISA’s anti-discrimination provisions. Backloading means providing low rates of accrual in earlier years of employment and concentrating accrual of benefits in later years of employment.
PNC’s conversion to a cash balance plan did not implicate the objective of the anti-backloading provision of preventing a plan from being unfairly weighted against shorter-term employees.

Comment Preview