- 17 - current trustees could have mitigated plan losses by eliminating the automatic COLA for participants who retired before its effective date in 1991. In its opinion, the District Court explained the purpose of section 411(d)(6) by observing that “if an employee works with the expectation that she is earning, and will receive, a pension benefit, an employer may not later decide not to give her the benefit that it has promised and she has earned.” Id. Citing Alessi v. Raybestos-Manhattan, Inc., 451 U.S. 504, 511 (1981), the District Court noted that “The purpose of the requirement [in section 411(d)(6)] is to protect that which an employee has been promised and has earned over time.” Scardelletti v. Bobo, supra. The court explained that “The question in our case is purely whether a later-added benefit may be considered an accrued benefit.” Id. at n.7. The court concluded that the COLA “was not an accrued benefit” as to participants who retired before the COLA was adopted in 1991, because those participants “did not work with the expectation that they would receive a COLA.” Id. Other courts have stressed the principle that an accrued benefit is one that is promised to the employee, accrued by the employee during his or her tenure as an employee, and expected by the employee to be available upon retirement. In Hickey v. Chicago Truck Drivers Union, 980 F.2d 465 (7th Cir. 1992), for example, a union’s defined benefit pension plan was amended toPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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