Unfortunately, the problem you have with an age discrimination claim is that this new legislation is only based on years of service and not your age. Thus, everyone, even if they are 40 years old would be treated the same with regards XXXXX XXXXX 10 years, even though they can still work more years, so can someone who is 65+, at least that is the way courts and the law looks at it (and you know legislators and courts do not generally deal in reality). Furthermore the fact is that retiree benefits by their very nature impact really only those who are over 40 (the group covered by the Age Discrimination in Employment Act). Unfortunately, every state and even private employers are attacking retiree health benefits as those are something that the employer can modify, unlike pensions. Your fight here, since MCAD will not deal with a legislation issue under the separation of powers in the Constitution
where the legislature does have authority on these matters, so your recourse in this matter is begin meeting with not just your legislator, but with several of them to seek to have them get this law modified or changed to provide you and those similarly situated some relief.
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