The legal action comes after the Government was refused permission to appeal against a decision that similar changes applied to judges and firefighters were age discriminatory.
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Judges
The Government had submitted its request for permission to appeal earlier this year, but it was rejected by the Supreme Court today.
The decision of Judge Michael Scudder (approved by a majority) ruled that the "disparate impact" provisions of the ADEA apply only to workers already in employment.
The Government is to appeal against a decision that a transitional pension scheme applicable to judges was age discriminatory.
Judges in Hawaii must retire when they reach the age of 70. But that could change.