The Court Of Appeals For The Fourth Circuit Finds No Backloading Problem With Accrual Increases That Occur After Normal Retirement Age

In McCorkle v. Bank of America Corp., 2012 U.S. App. LEXIS 15346 (4th Cir. July 25, 2012), the Court of Appeals for the Fourth Circuit affirmed a district court’s finding that benefit accrual increases to participants who have reached normal retirement age (sometimes hereafter “NRA”) do not run afoul of ERISA’s prohibition against “backloading” accruals in later years of service.

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