Sunder v. U.S. Bancorp Pension Plan, No. 07-3485

In an ERISA action seeking additional retirement benefits under defendant's retirement plan, an award of damages against defendant on the ground that plaintiffs' accrued benefits were decreased by the conversion of the plan into a cash balance system is reversed where neither ERISA nor the terms of the plan precluded defendant from calculating the opening cash balances using the plan's discount rate. Adverse rulings against plaintiffs regarding the determination of the date of the plan conversion and on their ERISA age discrimination claim are affirmed on cross appeal.

Read Sunder v. U.S. Bancorp Pension Plan, No. 07-3485

Appellate Information

Submitted: April 13, 2009

Filed: November 9, 2009

Judges

Opinion by Judge Hansen