As disclosed in a Sept. 4, 8-K filing, the Seventh Circuit Court of Appeals recently affirmed a decision of an Indiana Federal District Court that participants in Rohm and Haas' U.S. pension plans who elected a lump-sum benefit during a class period have the right to a cost-of-living adjustment as part of their retirement benefit. If this decision stands, the U.S. pension trust would be required to pay these amounts, but the company will take the necessary steps to modify the plan to ensure pension expenses will not increase.

Tthe Rohm and Haas pension plan is currently overfunded and therefore the company will not have any current requirement to add cash to the fund if this decision stands.

Rohm and Haas also announced that it expects underlying third-quarter earnings per share, excluding restructuring, asset impairments and the one-time pension charge, to be in the range of $0.85 to $0.87.