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OHIO PUB. EMPLOYEES RETIREMENT SYSTEM v. BETTS

No. 88-389.

492 U.S. 158 (1989)

109 S.Ct. 2854

106 L.Ed.2d 134

PUBLIC EMPLOYEES RETIREMENT SYSTEM OF OHIO v. BETTS

Supreme Court of United States.

Decided June 23, 1989

Attorney(s) appearing for the Case

Andrew I. Sutter, Assistant Attorney General of Ohio, argued the cause for appellant. With him on the briefs were Anthony J. Celebrezze, Jr., Attorney General, and Nancy J. Miller.

Robert F. Laufman argued the cause for appellee. With him on the brief was Alphonse A. Gerhardstein.

Christopher J. Wright argued the cause for the Equal Employment Opportunity Commission as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Bryson, Deputy Solicitor General Merrill, Charles A. Shanor, Gwendolyn Young Reams, and Harry F. Tepker, Jr.*

JUSTICE KENNEDY delivered the opinion of the Court.

The Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq. (1982 ed. and Supp. V), forbids arbitrary discrimination by public and private employers against employees on account of age. Under § 4(f)(2) of the Act, 29 U. S. C. § 623(f)(2), however, age-based employment decisions taken pursuant to the terms of "any bona fide employee benefit plan...

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