The Board of Trustees of the Sheet Metal Workers' National Pension Fund - Page 18




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          add a COLA to all retirement benefits.  In 1987, the plan was               
          terminated without provision for the funding of future COLAs.               
          Ms. Hickey and other plan participants brought an action to                 
          preserve the COLA.  They contended that the COLA was part of                
          their monthly accrued retirement benefit and could not be                   
          eliminated without violating 29 U.S.C. sec. 1054(g), the                    
          equivalent provision to section 411(d)(6).  The Court of Appeals            
          for the Seventh Circuit agreed with Ms. Hickey, finding that the            
          COLA benefit could not be reduced by amendment.  The Court of               
          Appeals observed that                                                       
               A participant’s right to have his basic benefit                        
               adjusted for changes in the cost-of-living accrued each                
               year along with the right to the basic benefit.  A                     
               participant’s entitlement to his or her normal                         
               retirement benefit included, as one component, the                     
               right to have the benefits adjusted pursuant to the                    
               COLA provision.  [Id. at 469.]                                         
               Similarly, in Shaw v. Intl. Association of Machinists &                
          Aerospace Workers Pension Plan, 750 F.2d 1458 (9th Cir. 1985),              
          the plan included a “living pension” feature.  The living pension           
          was analogous to a COLA benefit, because it provided for                    
          adjustment of the benefit after retirement by substituting in the           
          benefit formula the current monthly salary of the retiree’s old             
          job in place of the retiree’s final monthly salary.  The plan in            
          Shaw was amended in 1976 to decrease the living pension feature             
          and suit was brought by a participant who had retired in 1975.              
          Id. at 1460.  The court in Shaw emphasized that the entire                  






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