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WALKER v. MONSANTO CO. PENSION PLAN

No. 09-3637.

614 F.3d 415 (2010)

Grant M. WALKER, individually and on behalf of all others similarly situated, et al., Plaintiffs-Appellants, v. MONSANTO COMPANY PENSION PLAN, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 30, 2010.

Attorney(s) appearing for the Case

Matthew H. Armstrong, Attorney, Schlichter, Bogard & Denton, St. Louis, MO, Norman E. Siegel, Attorney (argued), Stueve Siegel Hanson LLP, Kansas City, MO, Michael Barry Marker, Attorney, East St. Louis, IL, for Plaintiffs-Appellants.

Carol Connor Cohen, Attorney, Arent, Fox, Kintner, Plotkin & Kahn, Washington, DC, Mark B. Blocker, Attorney (argued), Robert N. Hochman, Attorney, Sidley Austin, Chicago, IL, Neal F. Perryman, Attorney, Lewis, Rice & Fingersh, St. Louis, MO, for Defendants-Appellees.

Before BAUER, FLAUM, and EVANS, Circuit Judges.

FLAUM, Circuit Judge.

This is a class action lawsuit challenging the manner in which certain credits accrue in the Monsanto Company's pension plan as inconsistent with a provision of the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1054(b)(1)(H)(i), which prohibits defined benefit plans from ceasing or reducing an employee's benefit accrual because of the attainment of any age. Finding that the employees' rate of benefit accrual does not decrease...

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