KY. Ret. SYS. v. EEOC (554 U.S. 135)

U.S. Supreme Court · decided June 19, 2008 · Supreme Court Database (Spaeth)

Citation
554 U.S. 135 · 128 S. Ct. 2361
Decided
June 19, 2008
Term
October Term 2007
Vote
5–4
Majority author
Justice Breyer
Issue area
Civil Rights
Disposition
Reversed
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

Justice Breyer delivered the opinion of the Court. The Commonwealth of Kentucky permits policemen, firemen, and other “hazardous position” workers to retire and to receive “normal retirement” benefits after either (1) working for 20 years; or (2) working for 5 years and attaining the age of 55. See Ky. Rev. Stat. Ann. §§ 16.576,16.577(2) (Lexis 2003), 61.592(4) (Lexis Supp. 2003). It permits those who become seriously disabled but have not otherwise become eligible for retirement to retire immediately and receive “disability retirement” benefits. See § 16.582(2)(b) (Lexis 2003). And it treats some of those disabled individuals more generously than it treats some of those who became disabled only after becoming eligible for retirement on the basis of age. The question before us is whether Kentucky’s system consequently discriminates against the latter workers “because of . . . age.” Age Discrimination in Employment Act of 1967 (ADEA or Act), § 4(a)(1), 81 Stat. 603, 29 U. S. C. § 623(a)(1). We conclude that it does not. I A Kentucky has put in place a special retirement plan (Plan) for state and county employees who occupy “[h]azardous position[sj,” e. g., active duty law enforcement officers, firefighters, paramedics, and workers in correctional systems. See Ky. Rev. Stat. Ann. § 61.592(1)(a) (Lexis Supp. 2003). The Plan sets forth two routes through which such an employee…

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