U.S. Court of Appeals for the Second Circuit

Case Status


Docket Number

06-4757 (L)

Oral Argument Date

April 22, 2008


Case Updates

Second Circuit addresses cash balance pension plan requirements under ERISA

July 09, 2008

Agreeing with NCLC, the Second Circuit held that cash balance plans do not inherently violate ERISA’s age discrimination prohibitions.

U.S. Chamber files amicus brief

May 30, 2007

NCLC urged the Second Circuit to uphold a district court’s decision finding Equitable’s cash balance pension plan did not violate the age discrimination prohibition under ERISA. The lower court also correctly held that participants were time-barred from challenging a plan amendment contained in the summary plan description document, distributed to participants eight years prior to the initiation of the lawsuit. In its brief, NCLC argued that a summary plan description can satisfy the notice requirements under ERISA, and that statute of limitations must be strictly adhered to in challenging the legality of a plan amendment in this case.

Case Documents