<nobr>Apr 10, 2008</nobr>

ERIC Urges Solicitor General to Recommend Certiorari in AT&T Corp. v. Hulteen

ERIC counsel John Vine of Covington & Burling LLP submitted April 9 a letter urging the Solicitor General of the United States, Paul Clement, to recommend the Supreme Court grant certiorari in AT&T Corp. v. Hulteen.

The letter argues that Hulteen creates an important circuit split. The Ninth Circuit decision being appealed would require pension plans that did not provide for seniority and service credits prior to the enactment of the Pregnancy Discrimination Act (PDA) to retroactively apply such credits when calculating benefits.

ERIC argues that the Ninth Circuit decision is erroneous and that the requirements of the PDA do not apply retroactively. Allowing the circuit court's decision to stand would create conflicting requirements for many ERIC members. The letter argues that the decision's ultimate result is to undermine the defined benefit system further by reducing the confidence plan sponsor's have in their ability to estimate future benefit and funding obligations.

ERIC urges the Solicitor General to recommend the Court grant AT&T's petition for certiorari.


Text Files:

Letter to the Solicitor General

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