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November 2008

Legal Insights (0811)

Ninth Circuit: Cash Balance Plans Don’t Discriminate

The Ninth Circuit has joined four other federal appeals courts in ruling that cash balance pension plans do not discriminate against older workers in violation of the Employee Retirement Income Security Act.

In Hurlic v. Southern Cal. Gas Co., the court rejected claims by two employees of Southern California Gas Co., who were both over age 50 when they filed the lawsuit. The employees alleged that the company violated ERISA,…

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