BRIGHT, Circuit Judge.
Appellees Northwest Airlines, Inc. (Northwest) and the Air Line Pilots Association (Pilots Association) filed a complaint seeking a declaratory judgment that their post-bankruptcy retirement benefit plan, the Money Purchase Plan for Pilot Employees (MP3), complied with the Employment Retirement Income Security Act (ERISA), 29 U.S.C. §§ 1001-1461 (2000). Appellants, a group of older Northwest
In September 2005, Northwest declared bankruptcy. Prior to that point, Northwest provided retirement benefits to its pilots through a defined benefit plan—the Northwest Airlines Pension Plan for Pilot Employees (Pension Plan).
After declaring bankruptcy, the airline and Pilots Association obtained passage of legislation permitting Northwest to spread funding of the Pension Plan over an additional number of years instead of terminating the plan. See Pension Protection Act of 2006, Pub.L. No. 109-280, § 402, 120 Stat. 780 (codified in scattered sections of 26 and 29 U.S.C.). Termination of the Pension Plan would have significantly reduced the pilots' retirement benefits.
To replace the Pension Plan, Northwest and the Pilots Association initially reached an agreement for Northwest to contribute a defined percentage of a pilot's earnings to a retirement savings account for each pilot (pro rata to pay). The percentage of Northwest's contributions would increase through 2011 and then remain constant at 8% of the pilot's earnings. The letter agreement also provided the option for the
However, the Pilots Association calculated that the combination of the frozen Pension Plan and the pro rata to pay contributions would have led to significant disparity in retirement income between more senior pilots, who had accrued substantial benefits under the frozen Pension Plan, and pilots with less years of service under the frozen plan.
To calculate retirement benefits, the MP3 starts by employing a "stovepipe model" to project a hypothetical career with Northwest for each individual pilot in order to estimate the pilot's final average earnings at retirement. The stovepipe model assumes that each pilot retires at 60—the mandatory retirement age for pilots in effect at the time.
Based on a pilot's age and years of service, the MP3 then calculates a "target
The target percentage is then multiplied by the projected final average earnings and a "service ratio" to determine the pilot's "gross target benefit." The service ratio is the pilot's projected total years of service at age 60 divided by 25. The number of years of service taken into account for the service ratio is also limited to 25.
If a pilot accrued benefits under the frozen Pension Plan, those benefits are then subtracted from the pilot's gross target benefit to obtain the "net target benefit" (still expressed as a monthly payment). If a pilot's frozen Pension Plan benefits exceed the gross target benefit under the MP3, the pilot does not receive any contributions from the MP3, and will only have the frozen Pension Plan benefits. For pilots who do receive contributions under the MP3, in some cases those contributions are still less than they would have received under the pro rata to pay plan.
Finally, for pilots who receive contributions from the MP3, the net target benefit is converted into a lump sum value that is the estimated amount the pilot needs to have accumulated by the age of 60 to fund the net target benefit. The target contribution received by the pilot is then a semi-monthly contribution made until the earlier of the completion of 25 years of service or reaching age 60, which, together with an assumed investment return of 8%, will achieve the lump sum value.
In December 2007, Northwest filed a declaratory judgment action, requesting the district court to find that the MP3 complied with ERISA. The older Pilots, all of whom either receive no contributions under the MP3 or receive smaller contributions than under the pro rata to pay plan, counterclaimed, arguing that the plan violated the ADEA, the parallel provisions of ERISA § 204(b)(2)(A) and ADEA § 4(i)(1)(B), and several state laws prohibiting age discrimination.
This court reviews the grant of a motion for summary judgment de novo, and views all evidence most favorable to, and makes all reasonable inferences for, the nonmoving party. Country Life Ins. Co. v. Marks, 592 F.3d 896, 898 (8th Cir. 2010); Fed.R.Civ.P. 56(c). Summary judgment should be affirmed when there is no genuine issue of material fact and the appellee is entitled to judgment as a matter of law. Coates v. Powell, 639 F.3d 471, 475 (8th Cir.2011).
The older Pilots argue that the use of a pilot's projected final average earnings to determine contribution levels is "inextricably linked to age" and therefore violates the parallel provisions of ADEA and ERISA. ADEA § 4(i)(1)(B) makes it unlawful to maintain an employee pension benefit plan that permits "the cessation of allocations to an employee's account, or the reduction of the rate at which amounts are allocated to an employee's account, because of age." 29 U.S.C. § 623(i)(1)(B). ERISA § 204(b)(2)(A) states that a "defined contribution plan satisfies the requirements of this paragraph if, under the plan, allocations to the employee's account are not ceased, and the rate at which amounts are allocated to the employee's account is not reduced, because of the attainment of any age." Id. § 1054(b)(2)(A).
Congress enacted these two provisions as part of the 1986 Omnibus Budget Reconciliation Act (OBRA). OBRA prevents employers from discontinuing or reducing allocations to an employee's retirement account "on account of the attainment of a specified age" and "require[s] a plan to provide for benefit accruals and contributions with respect to an employee's years of plan participation after normal retirement age." H.R.Rep. No. 99-1012, at 276, 378 (1986), as reprinted in 1986 U.S.C.C.A.N. 3868, 4021, 4023. The two provisions are parallel and Congress intended these subsections "to be interpreted in a consistent manner." H.R.Rep. No. 99-1012, at 378-79 (1986) (Conf. Rep.), as reprinted in 1986 U.S.C.C.A.N. 3868, 4023-24; see also Hurlic v. S. Cal. Gas Co., 539 F.3d 1024, 1036 (9th Cir.2008). Therefore, if the plan does not violate ADEA § 4(i)(1)(B), it does not violate ERISA § 204(b)(2)(A), and conversely, if it violates one, it violates them both. The court analyzes challenges under OBRA based on the structure and terms of the challenged plan. See, e.g., Hurlic, 539 F.3d at 1029-32; Hirt v. Equitable Ret. Plan for Emps., Managers, & Agents, 533 F.3d 102, 107-10 (2d Cir.2008).
The Supreme Court considered the application of ADEA to part of the structure of a retirement plan in Kentucky Retirement Systems v. Equal Employment Opportunity Commission, 554 U.S. 135, 128 S.Ct. 2361, 171 L.Ed.2d 322 (2008). In that case, the EEOC challenged a portion of Kentucky's retirement plan that applied to workers such as police officers and firefighters. Id. at 139, 128 S.Ct. 2361. Under the plan, employees were eligible for a pension after either attaining 20 years of
The Supreme Court still held that an employer who "adopts a pension plan that includes age as a factor, and that employer then treats employees differently based on pension status, a plaintiff, to state a disparate-treatment claim under the ADEA, must adduce sufficient evidence to show that the differential treatment was `actually motivated' by age, not pension status." Id. at 148, 128 S.Ct. 2361. The Court relied, in part, on the conclusion in a previous case that "as a matter of pure logic, age and pension status remain `analytically distinct' concepts." Id. at 143, 128 S.Ct. 2361 (quoting Hazen Paper Co. v. Biggins, 507 U.S. 604, 611, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993)).
In Hazen Paper, the Supreme Court addressed a disparate-treatment claim under the ADEA and examined the relationship between an employee's age and years of service. 507 U.S. at 606, 113 S.Ct. 1701. A 62-year-old employee had over 9.5 years of service when he was dismissed. The employee argued that he was unlawfully terminated by his employer in order to avoid paying pension benefits that would have vested with 10 years of service. Id. at 606-08, 113 S.Ct. 1701. The Court, noting that a younger employee could easily have more years of service than a recently hired older employee, concluded that "an employee's age is analytically distinct from his years of service." Id. at 611, 113 S.Ct. 1701. And because age and years of service are distinct, "an employer can take account of one while ignoring the other, and thus it is incorrect to say that a decision based on years of service is necessarily `age based.'" Id. Similarly, the difference in treatment under the Kentucky plan turned on whether the employee had already qualified for a pension, and not directly on the employee's age.
In this case, the stovepipe model of the MP3 uses age to calculate a pilot's remaining years of service before the mandatory retirement age of 60. Given that promotion is largely determined by seniority status, the stovepipe model is able to estimate a pilot's promotions as older pilots hit the mandatory retirement age and each pilot moves up the ladder. This, in turn, produces an estimate of each pilot's final average earnings, calculated in the same manner as under the previous Pension Plan. The model also used the remaining years of service to estimate the number and amount of annual pay increases a pilot would receive before turning 60.
Under the MP3, the contributions of all of the pilots are based on their projected final average earnings, which cannot be calculated without the use of age. However, that does not mean that the older Pilots' contributions have been
Service ratio and the frozen Pension Plan offset also both contribute to potential differences in contributions, and are analytically distinct from age. Older pilots with only a few years of service will have their contributions significantly reduced by the service ratio when their total years of service are divided by 25. An employee's years of service is analytically distinct from the employee's age. Hazen Paper Co., 507 U.S. at 611, 113 S.Ct. 1701. At the other end of the spectrum, older pilots with a long service record have already accumulated significant benefits under the frozen Pension Plan. After the projected final average earnings is calculated and adjusted for the target percentage and service ratio, any monthly benefits accrued under the frozen Pension Plan are subtracted. That offset results in significantly lower, or no contributions under the MP3. However, in a very similar manner to Kentucky Retirement Systems, the Pension Plan offset is "differential treatment based on pension status, where pension status—with the explicit blessing of the ADEA—itself turns, in part, on age." 554 U.S. at 148, 128 S.Ct. 2361. The reductions due to the service ratio and offset are not reductions "because of age."
Finally, none of the rationale for the MP3 touches on any of the "sorts of stereotypical assumptions that the ADEA sought to eradicate." Ky. Ret. Sys., 554 U.S. at 146, 128 S.Ct. 2361. The MP3 was put in place to avoid an unwarranted discrepancy in the amount of employer paid benefits between older and younger employees that would have resulted if the company had provided pilots contributions that were the same percentage of their pay. Older employees would have received much more overall because they retained a significant contribution from the frozen Pension Plan. As in the Kentucky Plan, "[i]t does not rest on any stereotype about the work capacity of `older' workers relative to `younger' workers." Id.
The older Pilots also argue that the district court improperly disregarded the declaration of one of the older Pilots' experts and should have applied the generally-accepted test for the admissibility of expert testimony first articulated in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). The district court concluded that the older Pilots' experts "do not aid the [district court] because they do little more than show a negative correlation between age and allocations under the MP3."
First, the district court did not exclude the evidence provided by the expert;
The declaration notes a correlation between age and projected final average earnings. However, correlation is not causation and, as discussed above, remaining years of service and final average earnings are analytically distinct from age under controlling Supreme Court precedent. In addition, the declaration fails to explain how several of the proffered arguments would actually have a greater impact on older pilots, such as not including the increased mandatory retirement age of 65 and not adjusting contributions for actual earnings. A careful consideration of the declaration, along with the rest of the record, does not alter the above analysis.
For the foregoing reasons, we hold the MP3 does not reduce the older Pilots' benefits because of age. Accordingly, we affirm the judgment of the district court.