County officials are defending themselves against allegations of age discrimination, saying a recent federal lawsuit ignores “economic reality.”
County attorneys are asking a judge to dismiss a complaint over a provision that requires older employees to make higher pension contributions than younger employees. The lawsuit, filed in September by the U.S. Equal Employment Commission, alleges the county?s pension system has been illegal since its inception more than 60 years ago.
In a recently filed motion for dismissal, county attorneys said the lawsuit ignores the “economic reality of the time value of money.”
“We think it?s sound financial principle, and we are confident the court will rule in our favor,” said county spokesman Don Mohler.
The county?s pension system is based on the age employees begin working for the government, with contributions ranging from 4.4 percent to 11 percent. Contributions are tailored based on how long actuaries predict an employee will work for the county before retiring ? not how old they are, Mohler said.
An employee hired when they are 20 years old contributes about 4 percent, but an employee hired at 50 contributes about 7 percent.
EEOC attorneys said that alone constitutes discrimination.
“We vigorously oppose their motion, and on Jan. 18 we will be filing our response and all their questions will be answered,” said Patricia Tanner, an EEOC program analyst.
Employment attorneys have varying opinions on the case. Speaking in general terms, Michael Coyle, a Columbia-based attorney, said if employees? contributions were to escalate at a certain age, the EEOC may have a legitimate case, he said.
Otherwise, he said, the county seems to have a rational basis.
“It sounds like they are going to be able to defend the system,” Coyle said.
