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Seeking remuneration for Pilots that were forced to retire as a consequence of the former FAA Age 60 Rule FAR 121.383, the Age 60 Rule, forced Airline Pilots to no longer use their licenses to operate an aircraft in Part 121 operations after their 60th birthday. Although a majority of airline pilots may have once enjoyed lucrative pension plans that favor retirement by their 60th birthday, many other qualified airline pilots wanted, or needed, to work additional years. The CAP was originally founded as a proposed Class Action; however this effort failed to gain a trial wherein we might expose the old 60 rule as illegal abuse of Agency power in violation of the law. “Named Plaintiffs” provided the funding to support the CAP effort; however all pilots who could show they would have worked past their 60th birthday if given the opportunity, were defined as members of the proposed Class. There is ample evidence that the Age 60 Rule was never intended as a safety regulation and remained unsupportable throughout its life. Unfortunately the Court of Appeals, 9th Circuit, ruled that the lower Federal Court did not err when it ruled in favor of the FAA’s Motion for Dismissal without oral hearings. The failure of the original CAP was a headwind, not a crash. We filed on April 5, 2010 a follow-on suit, pursuant to the Federal Torts Claims Act (FTCA), charging the FAA age discrimination. This new effort will not be a class action. Only Named Plaintiffs who can show they filed administrative claims with the FAA can be included in this new filing. However should these plaintiffs succeed in being granted a trial, or some other pretrial arrangement suitable to all parties is arrived at as a consequence of this effort, all pilots affected by the old age 60 rule may derive some benefit. Periodic updates will be sent to all members of the CAP so that you might remain in the loop as events unfold. I’m open to your suggestions and questions. Respectfully, Mickey Oksner Administrator Age 60 Class Action Project (age60cap.com) |
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Home An Overview Court Filing Contact News The Intent Who Plaintiff Criteria How Long How Much Who Will Pay The Awards The Odds Why a Class Action The Lawyers |
