Plaintiffs today asked the full 7th U.S. Circuit Court of Appeals to reconsider its ruling made earlier this month that International Business Machines Corp.'s cash balance plan did not discriminate against older workers, confirmed a spokeswoman at the court clerk's office. Plaintiffs are asking that the case be reviewed by the entire 11-member panel; the original appellate ruling was made by three judges. The appellate court ruled on Aug. 7 that IBM's $48 billion cash balance plan did not unfairly favor younger workers, reversing a 2003 ruling in U.S. District Court in East St. Louis, Ill. Armonk, N.Y.-based IBM had agreed to pay up to $1.4 billion to the plaintiffs if it didn't win the case on appeal.
Full review asked in IBM cash-balance ruling
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