Cash Balance Plan - Legislative Developments

Legislative Developments

Because of the troublesome age discrimination suits and misunderstanding and frustration by older workers covered by such plans, Congress, notably Senator Charles Grassley (R) of Iowa, has a proposal to statutorily fix the problem. It involves outlawing "wearaway".

The Pension Protection Act of 2006 was signed into law in August 2006 and prospectively made the flat salary credit type plans immune from age discrimination. Also the use of a higher interest rate for calculation of lump sums is now allowed as the new law eliminates the whipsaw. The act only fixes age discrimination prospectively.

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