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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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.