Age Discrimination Employment Act

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AGE LIMITATION

SEC. 631. [Section 12]

(a) The prohibitions in this chapter [except the provisions of
section 4(g)] shall be limited to individuals who are at least 40
years of age. 

(b) In the case of any personnel action affecting employees or applicants
for employment which is subject to the provisions of section 633a of this
title [section 15], the prohibitions established in section 633a of
this title [section 15] shall be limited to individuals who are at
least 40 years of age. 

(c) (1) Nothing in this chapter shall be construed to prohibit compulsory
retirement of any employee who has attained 65 years of age and who, for
the 2­year period immediately before retirement, is employed in a
bona fide executive or a high policymaking position, if such employee is
entitled to an immediate nonforfeitable annual retirement benefit from a
pension, profit­sharing, savings, or deferred compensation plan, or
any combination of such plans, of the employer of such employee, which
equals, in the aggregate, at least $44,000. 

     (2) In applying the retirement benefit test of paragraph (1) of
this subsection, if any such retirement benefit is in a form other than a
straight life annuity (with no ancillary benefits), or if employees
contribute to any such plan or make rollover contributions, such benefit
shall be adjusted in accordance with regulations prescribed by the Equal
Employment Opportunity Commission, after consultation with the Secretary
of the Treasury, so that the benefit is the equivalent of a straight life
annuity (with no ancillary benefits) under a plan to which employees do
not contribute and under which no rollover contributions are made. 

(d) Nothing in this chapter shall be construed to prohibit compulsory
retirement of any employee who has attained 70 years of age, and who is
serving under a contract of unlimited tenure (or similar arrangement
providing for unlimited tenure) at an institution of higher education (as
defined by section 1141(a) of title 20 [section 1201(a) of the Higher
Education Act of 1965]).
Editor's Note
Act
Statement of finding and purpose
Education and research program
Prohibition of age discrimination
Study by secretary of labor
Administration
Recordkeeping, Investigation, and enforcement
Notice to be posted
Rules and regulations
Criminal penalties
Definitions
Age limitations
Annual report
Federal-state relationship
Nondiscrimination on account of age in federal government employment
Effective date
Appropriations