NCPERS Files Amicus Brief in Kentucky Retirement System Case
December 10, 2007

NCPERS, along with NASRA and NCTR, last month filed an Amicus brief in support of the Kentucky Retirement System's (KRS) Supreme Court challenge to a ruling in its case against the Equal Employment Opportunities Commission.

A lower Court ruled last year that the EEOC established a prima facie violation of the ADEA, because the KRS plan is facially discriminatory on the basis of age. KRS had argued that its disability retirement benefits are intended to provide disabled employees with a replacement for the normal retirement benefits that he or she can no longer earn, and that therefore denying those benefits to workers who are already old enough to qualify for normal retirement benefits does not constitute “arbitrary” age discrimination based on ageist stereotyping in violation of the ADEA.

KRS filed a writ of certiorari with the Supreme Court in the hope of having the Appeals Court decision overturned. The Supreme Court agreed to hear the case. Oral arguments before the Supreme Court will be heard January 9, 2008.

To view the Amicus brief, please click here.