APR 23 1993




X
X
      RE: Complaint Number X
          New Complaint Number X

Dear Ms. X:

      This letter responds to your complaint filed with cur office
against the South Carolina Police Officers Retirement System
under title II of the Americans with Disabilities Act of 1990
(ADA). Your complaint alleges that the South Carolina Police
Officers Retirement System has different earning limitations for
disability retirees and service retirees, and thus, discriminates
against individuals with disabilities.

      The Civil Rights Division has completed its investigation of
your complaint. We have determined that under the South Carolina
Police Officers Retirement System, an individual is eligible for
service retirement benefits at age 55 with five or more years of
service, or at any age with 25 or more years of service. An
individual who becomes disabled is eligible for disability
retirement if he or she has five or more years of service or if
the disability results from performance of his or her duties.

      Benefits for both service retirees and disability retirees
are subject to reductions based on earned income. For disability
retirees under age 55, benefits are reduced if their earnings
from gainful employment exceed the difference between the
retirement allowance and the individual's average final
compensation before retirement. Benefits for service retirees
are reduced only if they work for employers covered by the South
Carolina Retirement System or the South Carolina Police officers
Retirement System and earn more than $10,500 in a year. (If a
service retiree works for an employer not covered by either of
the South Carolina Retirement Systems, there is no earnings
limitation.) After age 55, a disability retiree is subject to
the same earnings limitation as a service retiree.


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      The Department's regulation implementing title II prohibits
a public entity from discriminating against "qualified"
individuals with disabilities in the benefits and services that
it provides. 28 C.F.R. pt. 35. Because you do not meet the
essential eligibility requirements, i.e. age and time in service,
you are not a "qualified" individual with a disability, as
defined in 28 C.F.R. § 35.104, for receipt of service retirement
benefits.

      Section 35.130[c] of the regulation permits a public entity
to offer benefits to individuals with disabilities, or to a
particular class of individuals with disabilities, that it does
not offer to individuals without disabilities. The South
Carolina Police Officers Retirement System offers disability
retirement to covered employees who become disabled before they
are eligible for service retirement. Only individuals with
disabilities are covered under the disability retirement system.
Where a benefit is limited to individuals with disabilities or a
particular class of individuals with disabilities, discrimination
is determined by comparing the treatment of an individual with a
disability to the treatment provided to similarly situated
individuals without disabilities. Because individuals without
disabilities who do not meet the age and service requirements for
service retirement are not eligible for any retirement benefits,
the difference between the earnings limitations for disability
retirees and for service retirees does not constitute discrimina-
tion prohibited by title II.

      This letter constitutes our Letter of Findings with respect
to the allegations of discrimination in your administrative
complaint. If you are dissatisfied with our determination, you
may file a private complaint in the appropriate United States
District Court under title II of the ADA.

      Under the Freedom of Information Act, 5 U.S.C. § 522, we may
be required to release this letter and other correspondence and
records related to your complaint in response to a request from a
third party. Should we receive such a request, we will safe-
guard, to the extent permitted by the Freedom of Information Act
and the Privacy Act, the release of information which could
constitute an unwarranted invasion of your or other's privacy.


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Please note the new complaint number assigned to your
complaint. Please use this new complaint number in all
correspondence and other communications regarding this complaint.
If you have any questions, please contact Linda King at (202)307-2231.

                                    Sincerely,


                                 Stewart B. Oneglia
                                      Chief
                           Coordination and Review Section
                               Civil Rights Division











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