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Court Agrees Minnesota Department of Corrections Early Retirement Incentive Plan Violates ADEA
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[Guidance Overview] Aug. 12, 2011
Under the ERIP, an employee who retired at age 55 would get employer contributions for health and dental insurance until age 65, but an employee who retired after age 55 would not. The appellate court agreed with a district court ruling that the early retirement incentives are 'facially discriminatory,' and as such violate the Age Discrimination in Employment Act, and that an early retirement incentive plan cannot condition its benefits based solely on age.
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