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Two key House Republicans have agreed on language that they hope will clarify the status of cash balance plans, and it will be part of a pension reform bill scheduled to be voted on Wednesday by the House Education and Workforce Committee, said the Republican aide, who works for that committee but asked not to be named.
The bill is sponsored by Education and Workforce Chairman Rep. John Boehner of Ohio, and Ways and Means Chairman Bill Thomas of California, and they worked out the cash balance language together, the aide said.
The language will say that a cash balance plan would meet all age discrimination tests if an older participant's benefits are equal to or greater than that of any similarly situated, younger individual in the plan.
A new cash balance pension plan that embraces this standard would not be considered discriminatory. The aide did not want to comment on IBM's case, which is still on appeal, but said a company that already is facing a legal challenge could amend its plan to meet this new standard and thus cap any possible damages, were a court ruling to go against it.
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