Cash Balance Plans Reassessed in Light of Discrimination and Funding Litigation
Although cash balance plans are attractive to employers, they also pose greater litigation risks than traditional plans. Minimum funding requirements, complicated conversion transactions, and allegations of discrimination have emerged as prominent features in ERISA litigation over cash balance plans...
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Published in: | The Business Lawyer Vol. 59; no. 2; pp. 453 - 474 |
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Main Authors: | , |
Format: | Journal Article Trade Publication Article |
Language: | English |
Published: |
Chicago
Section of Business Law of the American Bar Association
01-02-2004
American Bar Association |
Subjects: | |
Online Access: | Get full text |
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Summary: | Although cash balance plans are attractive to employers, they also pose greater litigation risks than traditional plans. Minimum funding requirements, complicated conversion transactions, and allegations of discrimination have emerged as prominent features in ERISA litigation over cash balance plans in recent years. In addition, in the post-Enron environment, Congress and regulatory agencies have shown renewed interest in cash balance and other non-traditional ER1SA plans. Nonetheless, prudent employers can employ cash balance plans to their benefit, so long as they are mindful of and manage the risks involved. |
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ISSN: | 0007-6899 2164-1838 |