- 20 - adopted, although it was eliminated in 1976.6) Respondent submits that this Court should adopt the rationale of Hickey v. Chicago Truck Drivers Union, supra, and decline to distinguish between the case of participants who retire before a COLA is adopted and those who retire afterwards. Respondent cites language in Hickey to the effect that-- viewing the Plan as a whole, the COLA is an essential element of the normal retirement benefit. The COLA ensures that the retirement benefits will not diminish in real value over time. It provides the additional retirement income each month that is necessary to maintain the value of the retirement benefits. [Id. at 468.] Respondent’s argument would have some force if the opinion in Hickey had made an affirmative holding that the COLA was an accrued benefit for pre-1974 retirees. It did not. We instead accept the conclusion of the court in Scardelletti v. Bobo, supra, which found Hickey to be distinguishable. In the case before it, the court in Scardelletti observed that “Here, beneficiaries who retired before 1991 did not accrue any COLA benefit.” Id. The court stated: Although * * * the Hickey court did not distinguish between pre-1973 and post-1973 retirees, it does not necessarily follow that that distinction is irrelevant for determining whether the benefits were 6 In Shaw v. Intl. Association of Machinists & Aerospace Workers Pension Plan, 563 F. Supp. 653, 655 (C.D. Cal. 1983), the District Court’s opinion is silent on this fact as well, although it does quote from a description of the “living trust” dated 1969, some 6 years before the plaintiff retired and some 7 years before the “living pension” was terminated.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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