Public Employees Retirement System of Ohio v. Betts
Supreme Court of the United States
1Opinion of the CourtJustice Kennedy
The Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. §621 et seq. (1982 ed. and Supp. V), forbids arbitrary discrimination by public and private employers against employees on account of age. Under § 4(f)(2) of the Act, 29 U. S. C. § 623(f)(2), however, age-based employment decisions taken pursuant to the terms of “any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of” the Act, are exempt from the prohibitions of the ADEA. In the case before us, we must consider the…
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