Andalman & Flynn Files Age Discrimination Claim Against Montgomery County Public Schools
Elliott Andalman, along with co-counsel, Dara S. Smith of the AARP Foundation Litigation represent Ernie Brandenburg in a suit filed in federal court in August charging the Montgomery County Public School System (MCPS) with age discrimination in its retirement plan. Specifically, the suit charges that workers that are age 62 or older are not allowed to collect the same benefits as younger workers under the terms of the Plan when the disability results from an on the job accident, referred to as an “accidental disability retirement”. MCPS found Mr. Brandenburg entitled to an accidental disability retirement arising out of a work accident. However, because Mr. Brandenburg was over 62 when he became disabled, under the terms of the Plan, he can only receive normal retirement benefits, which is about one-third of what his retirement pension would have been for an accidental disability retirement if he had been under age 62 at the time he became disabled. The suit seeks relief for Mr. Brandenburg and all other similarly situated individuals. Mr. Andalman has summed up the case as follows, “Mr. Brandenburg should not have been denied benefits based solely on his age at the time he became disabled as a result of an on the job injury.” Ms. Smith noted, “This case presents a textbook case of age discrimination in employment”.