Age discrimination--disability benefits; public sector. Arnett v. California Public Employees Retirement System, No. 98-15574, __F.3d __(9th Cir.1999)

Under the statutory formula for determining disability retirement benefits for California public safety employees, the amount of benefits differs solely on the basis of the retiree's age when hired. This formula may violate the Age Discrimination in Employment Act (ADEA) under a disparate treatment theory if the employees can prove discriminatory motive. While a formula for determining benefits that is based upon actual years of service does not violate ADEA, a formula based upon potential years of service as determined with reference to a presumed retirement age may violate the act. The disparate impact theory may be used to prove violation of ADEA in the Ninth Circuit.     

Public plans--Americans with Disabilities Act--discrimination-disparate treatment of mental disabilities. Rogers v. Department of Health and Environmental Control, 174 F.3d 431 (4th Cir.1999)

Title II of the Americans with Disabilities Act of 1990 (ADA), which prohibits discrimination in the services, programs or activities of public entities, does not require a state's long-term disability plan to provide the same level of benefits for mental and physical disabilities. By placing mental disabilities in different risk classifications from physical disabilities, South Carolina's long-term disability plan did not violate a South Carolina statute that prohibits discrimination "between insureds of the same class and risk involving the same hazards."