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United States: Implied Employer Consent Increases Early Retirement Equalisation Costs
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13 January 2009
Article by Nicholas Donnithorne

In light of Foster Wheeler and other recent cases, employers should identify whether their schemes have been effectively equalised and, where they have not, take immediate steps to do so, to limit the extent of future liability.

Foster Wheeler is the latest in a line of recent cases which highlight the failure of some defined benefit pension schemes to have properly equalised their retirement ages as between male and female members following the Barber judgment of 17 May 1990.

Foster Wheeler – Cost Consequences

The decision in Foster Wheeler could have serious cost implications for many employers, in particular where they had sought to mitigate the costs of equalisation by controlling early retirement under their schemes....
 
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