Tuesday, November 7, 2006

Zelinsky on a Critique of Cooper v. IBM Personal Pension Plan

Zelinsky_ed_3Ed Zelinksy (Cardozo) has posted on SSRN his new piece forthcoming in the New York University Review of Employee Benefits and Executive Compensation entitled: Cooper v. IBM Personal Pension Plan:  A Critique.

Here's the abstract:

Since the Cooper decision will the starting point for the other appellate courts addressing the pre-PPA status of cash balance pension plans, Cooper merits close scrutiny. Such scrutiny indicates that Cooper is laudably transparent in its reasoning and contains many important insights. However, given what the pre-PPA pension age discrimination statutes say, in the final analysis, Cooper is wrong on the merits.

Read the whole thing. I have and it is one of the most understandable explanations of how cash balance plans work and their relationship to age discrimination laws.  It also provides a very persuasive argument (one that Judge Baer of the South District of New York clearly agrees with) about why Judge Easterbrook got it wrong in the Cooper decision. 

You can download the paper here.



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