The Board of Trustees of the Sheet Metal Workers' National Pension Fund - Page 16




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               benefits which he would have received.  [S. Rept.                      
               93-383, at 45 (1974), 1974-3 C.B. (Supp.) 80, 124.5]                   
               There appears to be only one case that has addressed the               
          issue of whether a retirement supplement is an accrued benefit              
          for participants who retired before the supplement was added to a           
          plan.  The case of Scardelletti v. Bobo, 1997 U.S. Dist. LEXIS              
          14498 (D. Md. Sept. 8, 1997), addressed the Transportation                  
          Communication International Union (TCU) Staff Retirement Plan               
          (TCU plan).  In 1991, the TCU plan’s former trustees recommended            
          an automatic COLA on the basis of the advice of the plan’s former           
          actuary.  By 1993, a new actuary had concluded that the former              
          actuary’s calculations were erroneous and that the plan could not           
          afford an automatic COLA.  The TCU Executive Council froze the              
          automatic COLA for future service accruals for active employees,            
          and the TCU plan’s current trustees sued the former trustees                
          under ERISA for breach of fiduciary duty.  The current trustees             
          alleged that, by following the earlier actuary’s advice, the                
          former trustees had significantly increased the plan’s funding              
          requirements.  The former trustees defended by arguing that the             



               5 Other portions of the legislative history are not                    
          particularly helpful in this case.  They describe accrued                   
          benefits in terms of what they are not:  “In the case of a                  
          defined benefit plan * * *  The term “accrued benefit” refers to            
          pension or retirement benefits and is not intended to apply to              
          certain ancillary benefits, such as medical insurance or life               
          insurance”.  H. Rept. 93-807, at 60 (1974), 1974-3 C.B. 236, 295.           
          The parties agree that the NPF COLA is a retirement benefit and             
          not an ancillary benefit.                                                   





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