DB plan to DC plan

[lexi]

I am desperate for some help regarding the following scenario:

We have a DB plan that is converting into a DC plan. However, there are some EE working under a CBA and some EE who are over 65 years-old who are going to stay in the "old" DB plan without being moved over into the new DC TSA plan. So, in effect, a 64 year-old EE will be moved over while his/her 65 year-old colleague WILL not.

In addition, under the new TSA plan, the participants will receive 18% more in contributions than under the old DB plan. So, in effect, the 65 year-old EE will not receive as much as their younger counterparts under the TSA because of their age.

Now, here are my questions:

1) Does this differential in contributions for 64 year-old EE and 65 year-old+ EE violate the ADEA since the 65+ EE technically are receiving exactly what they are entitled to under the old plan even though they do not have the same level of benefits under the new plan? They are going to be in the new TSA DC plan, but they are not going to be grandfathered in at the same 18% rate. However, they are going to receive everything they were promised under the old DB plan--there is no cutback or discrimination under the old plan. They will continue to accrue service credits under both the old and new plans but the level of benefits isn't going to change from what they were promised under the old DB plan.

2) Has anyone read any articles about converting DB plans to DC plans in any notable magazines like the ASPA or Journal Of Pension Compliance that might be helpful in this matter? Anything that deals w/ converting a DB plan to a DC plan would be helpful at this point.

Thank you in advance to anyone who can help me w/ this issue.

[david rigby]

Duplicate posting

http://benefitslink.com/boards/index.php?showtopic=32739

[Blinky the 3-eyed Fish]

How is it that you are converting the DB to a DC, yet participants remain in the old DB? It's one type of plan or the other, so that doesn't make sense to me.