of a prima facie ADEA claim can no longer stand. Since Lyon was decided, the Second, Seventh, Eighth, and Ninth Circuits have each recognized a prima facie ADEA violation in analogous situations. See Jankovitz v. Des Moines Indep. Cmty. Sch. Dist., 421 F.3d 649, 653 (8th Cir.2005) (stating that a retirement plan is “discriminatory on its face” because “it is undisputed that an employee is ineligible for early retirement benefits [under the plan] if he or she is over the age of 65”); Abrahamson v. Bd. of Educ. of Wappingers Falls Cent. Sch. Dist., 374 F.3d 66, 73 (2d Cir.2004) (finding prima facie case of age discrimination under ADEA when age “is the effective trigger for eligibility” for retirement policy); Arnett v. Cal. Pub. Employees Ret. Sys., 179 F.3d 690, 695 (9th Cir.1999) (<HOLDING>), cert. granted, 528 U.S. 1111, 120 S.Ct. 930,
holding that military retirement benefits are current pay and thus significantly different than other retirement benefits holding that retirement benefits are accrued benefits under erisa holding that although disability benefits cannot be included as part of the marital estate a court may consider the waiver of retirement pension benefits in favor of disability benefits in determining whether there has been a material change in circumstances which would justify modification of an alimony award to a former spouse who was previously awarded a fixed percentage of the retirement pension benefits holding that an employees claim for breach of a letter agreement was preempted by erisa where the agreement did not specify the amount or other terms of the employees retirement benefits and the court would have to refer to the employers erisagoverned retirement plan to determine the employees retirement benefits and calculate the damages claimed recognizing prima facie disparatetreatment claim when it is unquestionable that the employees would have received greater disability retirement benefits but for their older ages at hire