Pension Lawsuit Won by Employees on All Counts!
07/31/03

Judge Murphy just put out his ruling... (Bear in mind that we
(IBMers) are the plaintiffs and IBM is the defendant.)

Following is the final ruling, at the end of 24 pages of legalese:

Conclusion: Accordingly, Plaintiffs' motion for partial summary
judgment on Count 1 is GRANTED. Defendants' motion to dismiss for
lack of standing is DENIED. Defendants' motion for summary judgment
on the age discrimination claim is DENIED. Defendants' motion for
summary judgement on the 204(b)(1)(g) claim is DENIED. Plaintiffs'
motion for summary judgment on the cash balance formula is GRANTED.
Plaintiffs' motion for summary judgment on the opening account
balance under the cash balance formula is GRANTED. Defendant's
motion for summary judgment on the antibackloading claim is DENIED.
Defendants' motion for summary judgment regarding the pension credit
formula is DENIED. Defendants' motion for summary judgment
regarding partial termination is DENIED. Plaintiffs' appeal of the
Magistrates's November 1, 2002 Order granding in part and denying in
part the motion to compel discovery is DENIED as moot with leave to
reinstate. There is a triable issue of fact regarding Plaintiffs'
anti-backloading claim as well as the partial termination claim.
The parties will promptly proceed to develop the issue of what
relief the Court should order. IT IS SO ORDERED. ENTERED this 31st
day of July, 2003

G. Patrick Murphy, Chief United States District Judge