<nobr>Oct 14, 2003</nobr>

ERIC: URGENT Cash Balance Amicus (Cooper v. IBM)

OCT 10, 2003 -- IBM has requested that ERIC file a brief amicus curiae regarding consideration of remedies by the U. S. district court in Cooper v. IBM. As you recall, the court there found that IBM's cash balance plan was age-discriminatory. Based on the
court's decision, there is general agreement that virtually all cash balance and hybrid plans would be age-discriminatory. (For additional information concerning the Cooper case and other cash balance issues see ERIC OnLine Briefing Books on the members-only page at EOL Members Only: <http://www.eric.org/members_only/documents/DocumentFormMembersOnly/> and Cash Balance Briefing Book: <http://www.eric.org/members_only/documents/DocumentFormMembersOnly/searchByCat?id=2AFE00000001>

The issue now before the court and on which an amicus brief is requested concerns remedies. Counsel for IBM urges, in the memorandum following and attached, that ERIC file an amicus brief with the district court since the Seventh Circuit Court of Appeals has in the past been disinclined to accept amicus briefs. The district court, they urge, is therefore likely to be the only opportunity to weigh in with an argument that, assuming the case were correctly decided, any remedies should only be applied
prospectively. (See paragraph [4] below)

Questions for the Committee:

1. Should ERIC file an amicus brief in the district court with regards to remedies?
   
   
2. the correct ones and what, if any, other arguments should be offered?
   
   
3. Is it reasonable to assume that the Seventh Circuit is not likely to accept an amicus brief from advocacy groups on appeal from the district court's findings that the IBM plans was age discriminatory?
   
   
4. If the Seventh Circuit were to accept an amicus brief from advocacy groups such as ERIC, would an argument relating to remedies undercut a more general argument to the circuit court (or later to the U. S. Supreme Court) that the district court's findings were wrong, that is, can we get away with arguing in the alternative?
   
   
5. Are you willing to support a brief in an amount not to exceed $2,000?
   

Request to File Amicus Memorandum

Wick Memo 10 08 03

Amicus Critera

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