Supreme Court Issues Three Decisions Affecting The ADEA And ERISA

Adding to a series of recent employment law cases decided by the United States Supreme Court, the Court issued three more opinions affecting employment law on June 19, 2008:  two interpreting the Age Discrimination in Employment Act of 1967 ("ADEA") and one concerning the Employee Retirement Income Security Act of 1974 ("ERISA"). 

In Kentucky Retirement Systems v. EEOC, 554 U.S. ___ (2008), a 5-4 decision, the Supreme Court held that "differential treatment based on pension status, where pension status...itself turns, in part, on age" does not violate the ADEA.  Specifically, Kentucky's state retirement plan (the "Plan") for employees in "hazardous positions" provided that an employee could obtain "normal" retirement benefits in two ways:  (1) after 20 years of service; or (2) after 5 years of service provided the employee had attained the age of 55.  If an employee became disabled prior to