MEMORANDUM OPINION
TEITELBAUM, District Judge.
This is an age discrimination action brought by the Equal Employment Opportunity Commission (EEOC) against the City of Mt. Lebanon, Pennsylvania. In its amended complaint the EEOC alleges the termination of disability benefits to city employees at age 55 under Mt. Lebanon's former disability plan, set out in resolution R16-73, violated the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621
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