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Kentucky Retirement Systems v. EEOC (06-1037) 
Age discrimination in employment: age bias in disability benefits packages 

EEOC sued claiming that a disability-retirement-benefits plan for state and county employees violates the Age Discrimination in Employment Act (ADEA). The trial court granted summary judgment for defendants on the ground that EEOC did not establish a prima facie case; the 6th Circuit, en banc 10-4, reversed.

The KRS disability-retirement-benefits plan disqualifies employees who are still working from receiving disability-retirement benefits if they have already reached normal retirement-benefit age at the time they become disabled. The plan also calculates disability retirement benefits in such a way that an older employee who is eligible to receive disability benefits receives fewer benefits - in the form of lower monthly benefit payments - than a younger disabled employee receiving disability-retirement benefits who is similar to the older disabled employee in every relevant factor other than age.

The 6th Circuit held that (1) EEOC established a prima facie case because the plan is facially discriminatory on the basis of age and (2) when a plan is facially discriminatory a plaintiff does not need additional proof of discriminatory animus to establish a prima facie claim of disparate treatment. The US Supreme Court granted certiorari to review the 6th Circuit's judgment.

Case below: Equal Employment Opportunity Commission v. Jefferson County Sheriff's Department (6th Cir en banc 10/31/2006) (10-4)
Oral argument:  01/09/2008. [Transcript]
Official docket sheet 
Certiorari granted 09/25/2007.  

Question presented in petition for certiorari:  

This Petition involves a public employee retirement plan that includes normal and disability retirement benefits. A member who is eligible for normal retirement benefits based on attained age plus a minimum service requirement, or based on service alone, is not eligible for disability retirement benefits. Because age may be a factor in determining eligibility for normal retirement, it is an indirect factor in determining eligibility for disability retirement. Moreover the calculation of disability retirement benefits is based upon actual years of service plus the number of years remaining before the member reaches retirement age or eligibility based on years of service alone; age may thereby be an indirect factor in determining the amount of disability retirement benefits.

The question presented in this Petition is accordingly:

Whether any use of age as a factor in a retirement plan is "arbitrary" and thus renders the plan facially discriminatory in violation of the Age Discrimination in Employment Act?

Question presented in brief for the EEOC:

Whether proof that an employee benefit plan on its face requires older workers to be denied disability benefits available to younger workers or to receive fewer disability benefits than younger workers establishes a prima facie case of discrimination in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. 621 et seq.

Certiorari Documents: 

Briefs on the merits: 

 

Counsel:

  • For Petitioners Kentucky Retirement Systems, Commonwealth of Kentucky, and Jefferson County Sheriff's Department : Robert D. Klausner; 10059 N.W. 1st Court; Plantation, FL  33324. 
  • For Respondent Equal Employment Opportunity Commission:  Paul D. Clement, Solicitor General; United States Department of Justice; 950 Pennsylvania Avenue, N.W., Room 5614; Washington, DC 20530-0001; (202) 514-2217.

     

 

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