A federal agency has filed an age discrimination lawsuit against Baltimore County government for requiring older employees to make higher pension contributions than its younger employees, officials said Wednesday.
In its suit, the U.S. Equal Employment Opportunity Commission alleges the county and six county labor organizations discriminated against two retired employees ? Wayne A. Lee and Richard J. Bosse Sr. ? and others at least 40 years old. The agency unsuccessfully attempted to quietly negotiate with the county for more than a year before filing the lawsuit, said senior trial attorney Maria Salacuse.
“If someone is 20 when they enroll, their contribution is around 4 percent, but if they are 50, it?s 6 [percent] or 7 percent or more,” Salacuse said. “That means their take-home pay is less than younger employees.”
County officials defended the policy, which has been in place for more than 60 years but appears unique to Baltimore County, according to Salacuse. The county?s pension system is based on the age employees begin working for the government, with contributions ranging from 4.4 to 11 percent, said county spokesman DonMohler.
Contributions are individually tailored based on how long actuaries predict an employee will work for the county before he or she retires ? not how old they are, Mohler said.
“It?s pure and simple, recognizing the time value of money,” Mohler said. “The longer you contribute to the system, the more opportunity the county has to create the funds necessary to pay for your pension benefits.”
EEOC officials allege the system has been illegal since its inception, apparently overlooked by labor leaders who negotiate contracts for their union members each year. Salacuse said the unions were included in the suit to ensure the aggrieved employees will be reimbursed back wages that were withheld.
Jim Miller, president of the Baltimore County Federation of Public Employees, said he never questioned the policy because it was in place long before he started working for the county 25 years ago. The unions may be called as witnesses against the county during the trial, which has not yet been scheduled, he said.
“It?s never come up in any discussions that I know of,” Miller said. “… when you have your money taken out, you don?t realize there?s anything [different] about it.”
