U.S. Department of Justice Civil Rights Division Coordination and Review Section P.O. BOX 66118 Washington, D.C.

20035-6118 JAN 27 1995 XX XX XX RE: Complaint Number Dear XX : XX (formerly XX )

This letter constitutes the Department of Justice's Letter of Findings concerning the complaint you filed against the Secretary of Administration, Commonwealth of Pennsylvania. You alleged that the Commonwealth of Pennsylvania's decision to require State retirees to enroll in Medicare Part B constituted discrimination against retirees with disabilities, including yourself. This office enforces Title II of the Americans With Disabilities Act of 1990 (ADA), which prohibits discrimination on the basis of disability in the programs, services and activities of State and local governments. Section 35.130(a) of the Department of Justice's regulation implementing Title II provides that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity. We have completed our investigation of your complaint and determined that the Commonwealth's decision affected all eligible State retirees, regardless of whether they had disabilities. Interviews with the staff of the Commonwealth of Pennsylvania established that approximately 40,000 State retirees were eligible for Medicare in 1992. The Commonwealth required all eligible retired employees to participate in Medicare Part B,

whether they were on regular or disability retirement. As noted in these interviews, and in correspondence sent to you by the

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-2Commonwealth explaining its decision, the criterion for eligibility was not disability, but rather one's eligibility for Medicare. The decision affected all individuals who were State retirees, without regard to disability, and equally affected those on regular and disability retirement. For these reasons, we do not find this decision to be discriminatory on the basis of disability and have determined that the Commonwealth is not in violation of Title II with respect to the issues you have raised. This concludes the Department of Justice's investigation of your complaint and we are closing this case as of the date of this letter. If you are dissatisfied with our determination, you may file a complaint presenting your allegations of discrimination in an appropriate United States District Court under Title II of the ADA. You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory treatment against anyone because he or she has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants. Under the Freedom of information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an unwarranted invasion of privacy. If you have any questions concerning this letter, please call Mr. Thomas Esbrook at (202) 307-2940 (Voice) or (202)

307-2678 (TDD) (these are not toll-free numbers). In any correspondence with the Department of Justice regarding this matter, please reference the complaint number cited above. Sincerely,

Merrily A. Friedlander Acting Chief Coordination and Review Section Civil Rights Division cc: Joseph L. Zazyczny Secretary of Administration Commonwealth of Pennsylvania William H. Hicks 01-00259