Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Kentucky Retirement Systems, et al. v. Equal Employment Opportunity Commission

Docket No.: 06-1037
Certiorari Granted: Sep 25 2007
Argued: January 9, 2008
Decided: January Se, 2008

PartyNames: Kentucky Retirement Systems, et al. v. Equal Employment Opportunity Commission
Petitioner: Kentucky Retirement Systems, et al.
Respondent: Equal Employment Opportunity Commission

Court Below: United States Court of Appeals for the Sixth Circuit

Kentucky Retirement Systems, et al.
v.
Equal Employment Opportunity Commission
554 U.S. ____ (2008)
Question Presented:

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:

Is the use of age as a factor in a retirement plan "arbitrary" rendering the plan discriminatory on its face in violation of the Age Discrimination in Employment Act?

Note:

EXPEDITED BRIEFING SCHEDULE

Holding: judgment reversed
Vote: 5-4
Opinion By:
Read KENTUCKY RETIREMENT SYSTEMS, ET AL. V. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION opinion (PDF)
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)