29 C.F.R. sec. Evanston has the state rather than the ADEA to blame for this. Two other issues require brief comment. First, the fact that the 1990 amendment is prospective is not helpful to Evanston. 42 U.S.C. sec.
Age discrimination is constitu- tionally permissible.
Anyway, because Quinones will receive a full pension as a result of his victory under the ADEA, he is not aggrieved by the allocation of the expense between the City and the Fund. Paul H. Roney, of the Eleventh Circuit, sitting by designation. A district court dismissed that suit after concluding that the only proper party is the employing municipality. Submission of the EEOC's appeal, No. 94-2700, has been deferred pending the resolution of Evanston's case. Another suit by the EEOC names both city and state as defendants.