Pension & Benefits Daily™ covers all major legislative, regulatory, legal, and industry developments in the area of employee benefits every business day, focusing on actions by Congress,...
Nov. 3 — The U.S. Supreme Court announced that it won't hear a case asking whether Baltimore County, Md., violated federal law by requiring older workers to pay higher retirement contributions than younger workers who enrolled in the county retirement plan at the same time.
In March, the U.S. Court of Appeals for the Fourth Circuit found that the county's practice of mandating higher contributions from older workers violated the Age Discrimination in Employment Act.
The county argued that the “time value of money” justified the larger contributions from employees closer to retirement age, but the Fourth Circuit disagreed, finding instead that the county violated the ADEA by treating older employees less favorably than younger employees “because of” their age.
In January 2009, the U.S. District Court for the District of Maryland ruled in favor of the county, accepting its “time value of money” argument.
The Fourth Circuit vacated on appeal, finding that the lower court failed to consider the impact of a plan provision that allowed employees to retire based on their years of service without regard to age.
On remand, the district court ruled against the county on the ADEA claim, and the Fourth Circuit affirmed on appeal.
In its petition for Supreme Court review, the county asked whether an employer that sponsors a pension plan and utilizes one safe harbor under the ADEA is categorically prohibited from utilizing another safe harbor provision.
The petition was filed by Robert D. Klausner, Adam P. Levinson and Justin M. Sandowsky of Klausner, Kaufman, Jensen & Levinson, Plantation, Fla., and Michael E. Field and James J. Nolan Jr., of Towson, Md.
Text of the Fourth Circuit's decision is at http://www.bloomberglaw.com/public/document/EEOC_v_Baltimore_Cnty_No_131106_2014_BL_88975_4th_Cir_Mar_31_2014.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)