Note that the test case for this issue is in the Hibernate source code, in PersistentSetNonLazyTest.java. The test is annotated with @FailureExpected linking back to this JIRA issue. It was added in commit 8749ae60 in 2010, as referenced by Gail Badner's comment from 2010-05-11. As of today, the test case still exist and is still expected to fail on the master branch (view in most recent commit: PersistentSetNonLazyTest.java).