focussing on defendant’s actions with respect to plaintiff to determine whether defendant observed terms of pension plan
How later courts described this case
- focussing on defendant’s actions with respect to plaintiff to determine whether defendant observed terms of pension plan
- focusing on defendant’s actions with respect to plaintiff to determine whether defendant observed terms of pension plan
- to meet the “observe the terms” requirement, the plan must “expressly sanction” the challenged discriminatory treatment
Written by the judges who cited it.
The opinion
BAUER, Circuit Judge,
concurring.
I concur in the judgment. No provision of the Beatrice retirement plan can be construed as granting Beatrice the option to compel the involuntary retirement of an employee prior to age sixty-five. Accordingly, it is impossible for Beatrice to have “observed” a non-existent term of the retirement plan and therefore impossible for Beatrice to claim an exemption under Section 4(f)(2) of the Act. No more need be said.