471 So. 2d 24 | Fla. | 1985
Lead Opinion
We review the decision of the First District Court of Appeal in Acosta v. Kraco, Inc., 448 So.2d 562 (Fla. 1st DCA 1984), which certified the following question to be of great public importance:
Does Section 440.15(3)(b)3.d., Florida Statutes (1979) violate the supremacy clause of the United States Constitution because it conflicts with 42 U.S.C. Section 403(f)(3) (1983)?
448 So.2d at 564. In addition, petitioner has raised other challenges to the constitutionality of section 440.15(3)(b)3.d. We find no merit in these arguments. O’Neil v. Department of Transportation, 468 So.2d 904 (Fla.1985); Sasso v. Ram Property Management, 452 So.2d 932 (Fla.), appeal dismissed, — U.S. -, 105 S.Ct. 498, 83 L.Ed.2d 391 (1984). We answer the certified question in the negative and approve the decision of the district court.
Petitioner argues that section 440.-15(3)(b)3.d. operates in contravention of 42 U.S.C. section 403(f)(3)
In Sasso, we held that section 440.-15(3)(b)3.d. did not deny access to the courts or unconstitutionally discriminate on the basis of age. We approved the district court’s finding that this section was rationally related to the legitimate state objectives of reducing fringe benefits to reflect productivity declines associated with age, inducing older workers to retire thereby allowing younger workers to advance, and reducing workers’ compensation premiums.
Accordingly, the decision of the district court is approved.
It is so ordered.
. Section 403(f)(3) permits social security recipients between the ages of sixty-five and seventy to receive full benefits provided the recipient’s earned income does not reach a maximum level and, also, allows the receipt of partial benefits to the extent earned income exceeds this maximum level. Additionally, recipients over the age of seventy receive full benefits without regard to their income level. 42 U.S.C. § 403(f) (1983).
. Petitioner argues in the present case that the purpose of section 440.15(3)(b)3.d. is to prevent
Dissenting Opinion
dissenting.
I respectfully dissent for the reasons set forth in my dissent to O’Neil v. Department of Transportation, 468 So.2d 904 (Fla.1985).
ADKINS, J., concurs.