- 15 - “accrued” only by an “employee”, but, once accrued, the benefit is protected from diminution as long as the individual who accrued the benefit is a “participant” in the plan, whether as an employee or as a retiree.4 It follows that, while a retiree may enjoy COLAs added after retirement, such COLAs are not “accrued benefits” as to that retiree, because the COLAs were not accrued while he was an employee. Accordingly, the later-added COLAs are not protected from being diminished by operation of section 411(d)(6). The pertinent legislative history reinforces the understanding that ERISA was meant to protect only retirement benefits “stockpiled” during an employee’s tenure on the job: Unless an employee’s rights to his accrued pension benefits are nonforfeitable, he has no assurance that he will ultimately receive a pension. Thus, pension rights which have slowly been stockpiled over many years may suddenly be lost if the employee leaves or loses his job prior to retirement. Quite apart from the resulting hardships * * * such losses of pension rights are inequitable, since the pension contributions previously made on behalf of the employee may have been made in lieu of additional compensation or some other 4 While 29 U.S.C. sec. 1002(6) (1994) defines “employee” as “any individual employed by an employer”, 29 U.S.C. sec. 1002(7) (1994) defines “participant” more expansively to include “any employee or former employee”. (Emphasis added.) The terms “employee” and “former employee” are not interchangeable. Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101, 117-118 (1989). Additionally, while the definition of the term “accrued benefit” under 29 U.S.C. sec. 1002 (23) is “an individual’s accrued benefit”, we find no indication that this term has a different meaning for purposes of sec. 411(d)(6).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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