Javascript is not enabled.

Javascript must be enabled to use this site. Please enable Javascript in your browser and try again.

Skip to content
Content starts here
CLOSE ×

Search

Leaving AARP.org Website

You are now leaving AARP.org and going to a website that is not operated by AARP. A different privacy policy and terms of service will apply.

AARP Sues for Age Discrimination in Pension Plan

Older workers in a Maryland school system are ineligible for disability benefits

spinner image Desks in an empty classroom
Getty Images

An auto mechanic who was injured on the job is suing his former employer for age discrimination because being older than 62 makes him ineligible for a disability pension.

spinner image Image Alt Attribute

AARP Membership— $12 for your first year when you sign up for Automatic Renewal

Get instant access to members-only products and hundreds of discounts, a free second membership, and a subscription to AARP the Magazine.

Join Now

AARP Foundation Litigation and the Andalman & Flynn law firm filed the federal lawsuit this month against Maryland’s Montgomery County Public Schools (MCPS) on behalf of Ernie Brandenburg, who is 66 and lives in Adamstown, Md.

Under the rules of the MCPS retirement plan, workers over age 62 who are hurt on the job can receive only the basic retirement benefit rather than a disability pension, which pays a higher monthly benefit. Brandenburg could lose almost $35,000 every year just because of how old he was when he was injured.

“This is just plain unfair,” says Brandenburg. “My eligibility for a pension shouldn’t be different just because I’m over a certain age.”

Brandenburg worked for MCPS for 11 years, supervising the mechanics who repair school buses as well as doing some of that maintenance himself. Brandenburg was injured in November 2015 while working on a school bus that was not properly secured on a lift. He needed medical treatment and ultimately shoulder reconstruction surgery. The injury left him unable to continue to do his job.

He applied to the school district for disability retirement in February 2017. But even though the Disability Retirement Review Board approved Brandenburg’s application, he ended up getting only the regular retirement benefit.

See more Health & Wellness offers >

“AARP has long battled ageism in the workplace,” says Laurie McCann, senior attorney at AARP Foundation Litigation. “This case presents a textbook case of age discrimination in employment. Mr. Brandenburg is receiving lower pension benefits based only on his age. That is just unacceptable.”

The federal Age Discrimination in Employment Act protects people over age 40 from age bias in the workplace, and in 1990 Congress enacted the Older Workers Benefits Protection Act to prohibit age bias in employee benefits.

Discover AARP Members Only Access

Join AARP to Continue

Already a Member?

spinner image membership-card-w-shadow-192x134

Join AARP today for $16 per year. Get instant access to members-only products and hundreds of discounts, a free second membership, and a subscription to AARP The Magazine.