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ERIC Updates
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<nobr>Nov 1, 2006</nobr> District Court Rejects Seventh Circuit Reasoning in Cooper, Allows Cash Balance Claim to Proceed
Judge Harold Baer, Jr. of the Southern District of New York rejects the Seventh Circuit's recent decision in Cooper v. IBM that cash balance plans do not violate ERISA's prohibition against age discrimination. The decision allows such a claim to go forward against the JPMorgan Chase Retirement Plan (a plan established before the effective date of the Pension Protection Act). |