Originally Posted by kwri10s

[size=0pt]Seriously READ YOUR OWN POSTED LINKS. Here "Section 411(d)(6) generally provides that the accrued benefit of a participant may not be decreased by an amendment to the plan." This is what we are discussing or questioning. Benefits that have NOT YET BEEN ACCRUED. Let's try a different very specific example. If TA1 had passed as advertised and all pilots with less than 5 choose the CBP. You had 5 years and 1 day and you chose to stay in the A plan. In 10 years, all the pilots with less than 15 YOS (greater than 50% of the voters) want to change the years of service credit to .5% per year, is that allowed? You will still have your 15 years and 1 day of credit at 2% per year, but your ongoing forward benefit (NOT YET ACCRUED) has been decreased by amendment. Amendments to the plan are allowed you just cannot lose accrued benefits. Can the employees voluntarily reduce their own retirement by amendment? It looks to me like they can, and that's the rub.

https://www.law.cornell.edu/cfr/text/26/1.411(d)-4

"(a)Reduction or elimination of section 411(d)(6) protected benefits—(1) In general. A plan is not permitted to be amended to eliminate or reduce a section 411(d)(6) protected benefit that has already accrued, except as provided in § 1.411(d)–3 or this section. This is generally the case even if such elimination or reduction is contingent upon the employee's consent. However, a plan may be amended to eliminate or reduce section 411(d)(6) protected benefits with respect to benefits not yet accrued as of the later of the amendment's adoption date or effective date without violating section 411(d)(6).[/size]