<nobr>Jan 30, 2007</nobr>

Third Circuit Follows Seventh, Holds Cash Balance Plans Not Age Discriminatory in Register v. PNC

The Third Circuit Court of Appeals affirmed the district court's decision in Register v. PNC that the PNC cash balance plan does not discriminate against older employees on the basis of age. ERIC had filed an amicus brief in the case urging the court to affirm the lower court's decision.

The ruling is the second by a Court of Appeals agreeing with ERIC's position that cash balance plans are not inherently age discriminatory. In August 2006, the Seventh Circuit reversed a lower court ruling in Cooper v. IBM that had held the plans violated ERISA's age discrimination prohibition. A copy of the Third Circuit decision is available below. ERIC's amicus brief is also attached together with the district court decision.

ERIC has filed amicus briefs in cash balance cases that are critical to upholding its contention that cash balance plans are not inherently age discriminatory. ERIC is pleased that the Third Circuit agrees with this position.

ERIC is still awaiting a decision from the Ninth Circuit in Hurlic v Southern California Gas Co., in which ERIC also filed an amicus brief.


Text Files:

Third Circuit Decision
Websites:

ERIC Amicus Brief in Register v PNC Financial Services Group (April 11, 2006)

District Court Decision in Register v. PNC Financial Services Group

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