The U.S. 9th Circuit Court of Appeals has upheld a decision in a Washington state district court that said sponsors can terminate participants' rights to transfer account balances from a defined contribution plan to a defined benefit plan.

In Anderson v. DHL Retirement Pension Plan, the plaintiffs were enrollees in Airborne Express, Inc.'s defined benefit and defined contribution plans. Airborne was acquired by DHL in 2003.

Participants of Airborne's DC and DB plans were allowed to transfer assets in their defined contribution plan to their defined benefit plan's general pool before their final pension was determined. In doing so, they could add to their monthly pension payments in retirement, essentially annuitizing their defined contribution savings.

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When DHL acquired Airborne and merged the two companies retirement plans, the German company amended the benefit plan, eliminating participants' right to transfer DC profit-sharing assets.

In 2012, plaintiffs sued under the Employee Retirement Income Security Act's "anti-cutback rule," which prohibits any amendment of a benefit plan that would reduce a participant's accrued benefit, according to court documents.

U.S. District Court Judge Marsha Pechman ruled that in eliminating the right to transfer funds, DHL did not violate ERISA's anti-cutback rule.

The 9th circuit upheld that ruling on the grounds that eliminating the transfer right did not reduce accrued benefits in the individual DC or DB plans of participants.

The court also ruled that because the transfer option was an "optional form of benefit," then it fell under the regulatory exceptions of ERISA's anti-cutback rule.

In upholding the lower court's ruling, the 9th Circuit has furthered legal precedent in how sponsors can amend their floor-offset retirement plans.

In floor-offset plans, benefits are calculated on the basis of an enrollee's average compensation and years of service (the floor), with an offset allowed for the assets accrued in a separate defined contribution or profit sharing plan.

With the plans, sponsors calculate an annual annuity value of the defined contribution plan.

If the annuity value of the defined contribution plan is greater than the value of the defined benefit plan, then the participant's retirement will come from the DC savings.

If the annuitized defined contribution assets are less than the value of the defined benefit plan, then the sponsor will use assets in the defined benefit plan to make up the difference.

Under a floor-offset plan, an employee will never receive less than the floor benefit promised under the DB plan, according to an IRS fact sheet.

And if the defined contribution account preforms well enough to exceed the minimum promised benefit in the DB plan, then the participant is allowed to keep all of the assets, and the sponsor is free from the liability of providing a monthly pension.

Essentially, floor-offset plans allow sponsors to hedge their pension obligations.

In the opinion issued by the 9th Circuit in Anderson v. DHL, the court acknowledged that the elimination of the transfer right caused many participants to receive reduced benefits.

In a prior case brought against DHL in 2009, Jeffery Tasker, a retiree with more than 32 years of service with Airborne, sued DHL under ERISA's anti-cutback rule.

In 2003, Tasker was told that if he transferred the assets in his defined contribution profit sharing plan (more than $370,000) into the general defined benefit fund, he would be eligible to receive $4,163 a month in retirement.

When it came time to start collecting his pension in 2008, Tasker was informed he would only be receiving $2,200 a month. The larger figure was calculated considering Tasker's transfer. But DHL, upon taking over the plan, eliminated the right, greatly reducing Tasker's benefit.

Tasker's case was also dismissed, on the grounds of a Department of Treasury regulation that allows sponsors to eliminate transfer rights, even when "such transfer may reduce or eliminate protected benefits."

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Nick Thornton

Nick Thornton is a financial writer covering retirement and health care issues for BenefitsPRO and ALM Media. He greatly enjoys learning from the vast minds in the legal, academic, advisory and money management communities when covering the retirement space. He's also written on international marketing trends, financial institution risk management, defense and energy issues, the restaurant industry in New York City, surfing, cigars, rum, travel, and fishing. When not writing, he's pushing into some land or water.