ADEA and disability benefits

[Guest Ray Goetz]

Has anyone worked on the ADEA (age discrimination) issues raised by a disability plan that reduces the duratation of the benefits that are available to employees who become disabled at older ages?

I am aware of the general "cost justification" concept under ADEA (at 29 USC 623(f)(2)) and the special safe harbor rule for certain disability programs that is described in the Regs (at 29 CFR 1625.10(f)(ii)).

I am particularly interested in any experiences/opinions that anyone has regarding a provision in a disability plan that would flatly state, for example, that if a person becomes disabled prior to age 60, the benefit would only run until age 65, and if the person becomes disabled after age 60 the benefit would only run until the later to occur of age 65 or two years.

Any thoughts would be appreciated.

[Guest Ray Goetz]

I am also interested in any knowledge that anyone has on any common practices on this point (which may or may not comply with the legal rules).