-CITE-

29 USC CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-MISC1-

Sec.

621. Congressional statement of findings and purpose.

622. Education and research program; recommendation to

Congress.

623. Prohibition of age discrimination.

(a) Employer practices.

(b) Employment agency practices.

(c) Labor organization practices.

(d) Opposition to unlawful practices; participation

in investigations, proceedings, or litigation.

(e) Printing or publication of notice or

advertisement indicating preference,

limitation, etc.

(f) Lawful practices; age an occupational

qualification; other reasonable factors; laws

of foreign workplace; seniority system;

employee benefit plans; discharge or

discipline for good cause.

(g) Repealed.

(h) Practices of foreign corporations controlled by

American employers; foreign employers not

controlled by American employers; factors

determining control.

(i) Employee pension benefit plans; cessation or

reduction of benefit accrual or of allocation

to employee account; distribution of benefits

after attainment of normal retirement age;

compliance; highly compensated employees.

(j) Employment as firefighter or law enforcement

officer.

(k) Seniority system or employee benefit plan;

compliance.

(l) Lawful practices; minimum age as condition of

eligibility for retirement benefits;

deductions from severance pay; reduction of

long-term disability benefits.

(m) Voluntary retirement incentive plans.

624. Study by Secretary of Labor; reports to President and

Congress; scope of study; implementation of study;

transmittal date of reports.

625. Administration.

(a) Delegation of functions; appointment of

personnel; technical assistance.

(b) Cooperation with other agencies, employers,

labor organizations, and employment agencies.

626. Recordkeeping, investigation, and enforcement.

(a) Attendance of witnesses; investigations,

inspections, records, and homework

regulations.

(b) Enforcement; prohibition of age discrimination

under fair labor standards; unpaid minimum

wages and unpaid overtime compensation;

liquidated damages; judicial relief;

conciliation, conference, and persuasion.

(c) Civil actions; persons aggrieved; jurisdiction;

judicial relief; termination of individual

action upon commencement of action by

Commission; jury trial.

(d) Filing of charge with Commission; timeliness;

conciliation, conference, and persuasion.

(e) Reliance on administrative rulings; notice of

dismissal or termination; civil action after

receipt of notice.

(f) Waiver.

627. Notices to be posted.

628. Rules and regulations; exemptions.

629. Criminal penalties.

630. Definitions.

631. Age limits.

(a) Individuals at least 40 years of age.

(b) Employees or applicants for employment in

Federal Government.

(c) Bona fide executives or high policymakers.

632. Omitted.

633. Federal-State relationship.

(a) Federal action superseding State action.

(b) Limitation of Federal action upon commencement

of State proceedings.

633a. Nondiscrimination on account of age in Federal

Government employment.

(a) Federal agencies affected.

(b) Enforcement by Equal Employment Opportunity

Commission and by Librarian of Congress in the

Library of Congress; remedies; rules,

regulations, orders, and instructions of

Commission: compliance by Federal agencies;

powers and duties of Commission; notification

of final action on complaint of

discrimination; exemptions: bona fide

occupational qualification.

(c) Civil actions; jurisdiction; relief.

(d) Notice to Commission; time of notice;

Commission notification of prospective

defendants; Commission elimination of unlawful

practices.

(e) Duty of Government agency or official.

(f) Applicability of statutory provisions to

personnel action of Federal departments, etc.

(g) Study and report to President and Congress by

Equal Employment Opportunity Commission;

scope.

634. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 2 sections 1302, 1311, 1371,

1434; title 3 sections 402, 411; title 42 sections 3012, 3056a,

6103.

-End-

-CITE-

29 USC Sec. 621 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 621. Congressional statement of findings and purpose

-STATUTE-

(a) The Congress hereby finds and declares that -

(1) in the face of rising productivity and affluence, older

workers find themselves disadvantaged in their efforts to retain

employment, and especially to regain employment when displaced

from jobs;

(2) the setting of arbitrary age limits regardless of potential

for job performance has become a common practice, and certain

otherwise desirable practices may work to the disadvantage of

older persons;

(3) the incidence of unemployment, especially long-term

unemployment with resultant deterioration of skill, morale, and

employer acceptability is, relative to the younger ages, high

among older workers; their numbers are great and growing; and

their employment problems grave;

(4) the existence in industries affecting commerce, of

arbitrary discrimination in employment because of age, burdens

commerce and the free flow of goods in commerce.

(b) It is therefore the purpose of this chapter to promote

employment of older persons based on their ability rather than age;

to prohibit arbitrary age discrimination in employment; to help

employers and workers find ways of meeting problems arising from

the impact of age on employment.

-SOURCE-

(Pub. L. 90-202, Sec. 2, Dec. 15, 1967, 81 Stat. 602.)

-MISC1-

EFFECTIVE DATE; RULES AND REGULATIONS

Section 16, formerly Sec. 15, of Pub. L. 90-202, renumbered by

Pub. L. 93-259, Sec. 28(b)(1), Apr. 8, 1974, 88 Stat. 74, provided

that: "This Act [enacting this chapter] shall become effective one

hundred and eighty days after enactment [Dec. 15, 1967], except (a)

that the Secretary of Labor may extend the delay in effective date

of any provision of this Act up to and additional ninety days

thereafter if he finds that such time is necessary in permitting

adjustments to the provisions hereof, and (b) that on or after the

date of enactment [Dec. 15, 1967] the Secretary of Labor is

authorized to issue such rules and regulations as may be necessary

to carry out its provisions."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.

119], Sept. 30, 1996, 110 Stat. 3009, 3009-23, provided in part

that: "This section [amending section 623 of this title, enacting

provisions set out as notes under section 623 of this title, and

repealing provisions set out as a note under section 623 of this

title] may be cited as the 'Age Discrimination in Employment

Amendments of 1996'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-433, Sec. 1, Oct. 16, 1990, 104 Stat. 978, provided

that: "This Act [amending sections 623, 626, and 630 of this title

and enacting provisions set out as notes under this section and

sections 623 and 626 of this title] may be cited as the 'Older

Workers Benefit Protection Act'."

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-592, Sec. 1, Oct. 31, 1986, 100 Stat. 3342, provided

that: "This Act [amending sections 623, 630, and 631 of this title

and enacting provisions set out as notes under sections 622 to 624

and 631 of this title] may be cited as the 'Age Discrimination in

Employment Amendments of 1986'."

SHORT TITLE OF 1978 AMENDMENT

Pub. L. 95-256, Sec. 1, Apr. 6, 1978, 92 Stat. 189, provided

that: "This Act [amending sections 623, 624, 626, 631, 633a, and

634 of this title and sections 8335 and 8339 of Title 5, Government

Organization and Employees, repealing section 3322 of Title 5, and

enacting provisions set out as notes under sections 623, 626, 631,

and 633a of this title] may be cited as the 'Age Discrimination in

Employment Act Amendments of 1978'."

SHORT TITLE

Section 1 of Pub. L. 90-202 provided: "That this Act [enacting

this chapter] may be cited as the 'Age Discrimination in Employment

Act of 1967'."

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by this section in Secretary of Labor or Civil

Service Commission transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-MISC2-

SEVERABILITY

Pub. L. 101-433, title III, Sec. 301, Oct. 16, 1990, 104 Stat.

984, provided that: "If any provision of this Act [see Short Title

of 1990 Amendment note above], or an amendment made by this Act, or

the application of such provision to any person or circumstances is

held to be invalid, the remainder of this Act and the amendments

made by this Act, and the application of such provision to other

persons and circumstances, shall not be affected thereby."

CONGRESSIONAL FINDING

Pub. L. 101-433, title I, Sec. 101, Oct. 16, 1990, 104 Stat. 978,

provided that: "The Congress finds that, as a result of the

decision of the Supreme Court in Public Employees Retirement System

of Ohio v. Betts, 109 S.Ct. 256 (1989), legislative action is

necessary to restore the original congressional intent in passing

and amending the Age Discrimination in Employment Act of 1967 (29

U.S.C. 621 et seq.), which was to prohibit discrimination against

older workers in all employee benefits except when age-based

reductions in employee benefit plans are justified by significant

cost considerations."

-End-

-CITE-

29 USC Sec. 622 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 622. Education and research program; recommendation to

Congress

-STATUTE-

(a) The Secretary of Labor shall undertake studies and provide

information to labor unions, management, and the general public

concerning the needs and abilities of older workers, and their

potentials for continued employment and contribution to the

economy. In order to achieve the purposes of this chapter, the

Secretary of Labor shall carry on a continuing program of education

and information, under which he may, among other measures -

(1) undertake research, and promote research, with a view to

reducing barriers to the employment of older persons, and the

promotion of measures for utilizing their skills;

(2) publish and otherwise make available to employers,

professional societies, the various media of communication, and

other interested persons the findings of studies and other

materials for the promotion of employment;

(3) foster through the public employment service system and

through cooperative effort the development of facilities of

public and private agencies for expanding the opportunities and

potentials of older persons;

(4) sponsor and assist State and community informational and

educational programs.

(b) Not later than six months after the effective date of this

chapter, the Secretary shall recommend to the Congress any measures

he may deem desirable to change the lower or upper age limits set

forth in section 631 of this title.

-SOURCE-

(Pub. L. 90-202, Sec. 3, Dec. 15, 1967, 81 Stat. 602.)

-REFTEXT-

REFERENCES IN TEXT

The effective date of this chapter, referred to in subsec. (b),

means the effective date of Pub. L. 90-202, which is one hundred

and eighty days after the enactment of this chapter, except that

the Secretary of Labor may extend the delay in effective date an

additional ninety days thereafter for any provision to permit

adjustments to such provisions. See section 16 of Pub. L. 90-202,

set out as a note under section 621 of this title.

-MISC1-

STUDY AND PROPOSED GUIDELINES RELATING TO POLICE OFFICERS AND

FIREFIGHTERS

Pub. L. 99-592, Sec. 5, Oct. 31, 1986, 100 Stat. 3343, provided

that:

"(a) Study. - Not later than 4 years after the date of enactment

of this Act [Oct. 31, 1986], the Secretary of Labor and the Equal

Employment Opportunity Commission, jointly, shall -

"(1) conduct a study -

"(A) to determine whether physical and mental fitness tests

are valid measurements of the ability and competency of police

officers and firefighters to perform the requirements of their

jobs,

"(B) if such tests are found to be valid measurements of such

ability and competency, to determine which particular types of

tests most effectively measure such ability and competency, and

"(C) to develop recommendations with respect to specific

standards that such tests, and the administration of such tests

should satisfy, and

"(2) submit a report to the Speaker of the House of

Representatives and the President pro tempore of the Senate that

includes -

"(A) a description of the results of such study, and

"(B) a statement of the recommendations developed under

paragraph (1)(C).

"(b) Consultation Requirement. - The Secretary of Labor and the

Equal Employment Opportunity Commission shall, during the conduct

of the study required under subsection (a) and prior to the

development of recommendations under paragraph (1)(C), consult with

the United States Fire Administration, the Federal Emergency

Management Agency, organizations representing law enforcement

officers, firefighters, and their employers, and organizations

representing older Americans.

"(c) Proposed Guidelines. - Not later than 5 years after the date

of the enactment of this Act [Oct. 31, 1986], the Equal Employment

Opportunity Commission shall propose, in accordance with subchapter

II of chapter 5 of title 5 of the United States Code, guidelines

for the administration and use of physical and mental fitness tests

to measure the ability and competency of police officers and

firefighters to perform the requirements of their jobs."

-End-

-CITE-

29 USC Sec. 623 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 623. Prohibition of age discrimination

-STATUTE-

(a) Employer practices

It shall be unlawful for an employer -

(1) to fail or refuse to hire or to discharge any individual or

otherwise discriminate against any individual with respect to his

compensation, terms, conditions, or privileges of employment,

because of such individual's age;

(2) to limit, segregate, or classify his employees in any way

which would deprive or tend to deprive any individual of

employment opportunities or otherwise adversely affect his status

as an employee, because of such individual's age; or

(3) to reduce the wage rate of any employee in order to comply

with this chapter.

(b) Employment agency practices

It shall be unlawful for an employment agency to fail or refuse

to refer for employment, or otherwise to discriminate against, any

individual because of such individual's age, or to classify or

refer for employment any individual on the basis of such

individual's age.

(c) Labor organization practices

It shall be unlawful for a labor organization -

(1) to exclude or to expel from its membership, or otherwise to

discriminate against, any individual because of his age;

(2) to limit, segregate, or classify its membership, or to

classify or fail or refuse to refer for employment any

individual, in any way which would deprive or tend to deprive any

individual of employment opportunities, or would limit such

employment opportunities or otherwise adversely affect his status

as an employee or as an applicant for employment, because of such

individual's age;

(3) to cause or attempt to cause an employer to discriminate

against an individual in violation of this section.

(d) Opposition to unlawful practices; participation in

investigations, proceedings, or litigation

It shall be unlawful for an employer to discriminate against any

of his employees or applicants for employment, for an employment

agency to discriminate against any individual, or for a labor

organization to discriminate against any member thereof or

applicant for membership, because such individual, member or

applicant for membership has opposed any practice made unlawful by

this section, or because such individual, member or applicant for

membership has made a charge, testified, assisted, or participated

in any manner in an investigation, proceeding, or litigation under

this chapter.

(e) Printing or publication of notice or advertisement indicating

preference, limitation, etc.

It shall be unlawful for an employer, labor organization, or

employment agency to print or publish, or cause to be printed or

published, any notice or advertisement relating to employment by

such an employer or membership in or any classification or referral

for employment by such a labor organization, or relating to any

classification or referral for employment by such an employment

agency, indicating any preference, limitation, specification, or

discrimination, based on age.

(f) Lawful practices; age an occupational qualification; other

reasonable factors; laws of foreign workplace; seniority system;

employee benefit plans; discharge or discipline for good cause

It shall not be unlawful for an employer, employment agency, or

labor organization -

(1) to take any action otherwise prohibited under subsections

(a), (b), (c), or (e) of this section where age is a bona fide

occupational qualification reasonably necessary to the normal

operation of the particular business, or where the

differentiation is based on reasonable factors other than age, or

where such practices involve an employee in a workplace in a

foreign country, and compliance with such subsections would cause

such employer, or a corporation controlled by such employer, to

violate the laws of the country in which such workplace is

located;

(2) to take any action otherwise prohibited under subsection

(a), (b), (c), or (e) of this section -

(A) to observe the terms of a bona fide seniority system that

is not intended to evade the purposes of this chapter, except

that no such seniority system shall require or permit the

involuntary retirement of any individual specified by section

631(a) of this title because of the age of such individual; or

(B) to observe the terms of a bona fide employee benefit plan

-

(i) where, for each benefit or benefit package, the actual

amount of payment made or cost incurred on behalf of an older

worker is no less than that made or incurred on behalf of a

younger worker, as permissible under section 1625.10, title

29, Code of Federal Regulations (as in effect on June 22,

1989); or

(ii) that is a voluntary early retirement incentive plan

consistent with the relevant purpose or purposes of this

chapter.

Notwithstanding clause (i) or (ii) of subparagraph (B), no such

employee benefit plan or voluntary early retirement incentive

plan shall excuse the failure to hire any individual, and no such

employee benefit plan shall require or permit the involuntary

retirement of any individual specified by section 631(a) of this

title, because of the age of such individual. An employer,

employment agency, or labor organization acting under

subparagraph (A), or under clause (i) or (ii) of subparagraph

(B), shall have the burden of proving that such actions are

lawful in any civil enforcement proceeding brought under this

chapter; or

(3) to discharge or otherwise discipline an individual for good

cause.

(g) Repealed. Pub. L. 101-239, title VI, Sec. 6202(b)(3)(C)(i),

Dec. 19, 1989, 103 Stat. 2233

(h) Practices of foreign corporations controlled by American

employers; foreign employers not controlled by American

employers; factors determining control

(1) If an employer controls a corporation whose place of

incorporation is in a foreign country, any practice by such

corporation prohibited under this section shall be presumed to be

such practice by such employer.

(2) The prohibitions of this section shall not apply where the

employer is a foreign person not controlled by an American

employer.

(3) For the purpose of this subsection the determination of

whether an employer controls a corporation shall be based upon the

-

(A) interrelation of operations,

(B) common management,

(C) centralized control of labor relations, and

(D) common ownership or financial control,

of the employer and the corporation.

(i) Employee pension benefit plans; cessation or reduction of

benefit accrual or of allocation to employee account;

distribution of benefits after attainment of normal retirement

age; compliance; highly compensated employees

(1) Except as otherwise provided in this subsection, it shall be

unlawful for an employer, an employment agency, a labor

organization, or any combination thereof to establish or maintain

an employee pension benefit plan which requires or permits -

(A) in the case of a defined benefit plan, the cessation of an

employee's benefit accrual, or the reduction of the rate of an

employee's benefit accrual, because of age, or

(B) in the case of a defined contribution plan, the cessation

of allocations to an employee's account, or the reduction of the

rate at which amounts are allocated to an employee's account,

because of age.

(2) Nothing in this section shall be construed to prohibit an

employer, employment agency, or labor organization from observing

any provision of an employee pension benefit plan to the extent

that such provision imposes (without regard to age) a limitation on

the amount of benefits that the plan provides or a limitation on

the number of years of service or years of participation which are

taken into account for purposes of determining benefit accrual

under the plan.

(3) In the case of any employee who, as of the end of any plan

year under a defined benefit plan, has attained normal retirement

age under such plan -

(A) if distribution of benefits under such plan with respect to

such employee has commenced as of the end of such plan year, then

any requirement of this subsection for continued accrual of

benefits under such plan with respect to such employee during

such plan year shall be treated as satisfied to the extent of the

actuarial equivalent of in-service distribution of benefits, and

(B) if distribution of benefits under such plan with respect to

such employee has not commenced as of the end of such year in

accordance with section 1056(a)(3) of this title and section

401(a)(14)(C) of title 26, and the payment of benefits under such

plan with respect to such employee is not suspended during such

plan year pursuant to section 1053(a)(3)(B) of this title or

section 411(a)(3)(B) of title 26, then any requirement of this

subsection for continued accrual of benefits under such plan with

respect to such employee during such plan year shall be treated

as satisfied to the extent of any adjustment in the benefit

payable under the plan during such plan year attributable to the

delay in the distribution of benefits after the attainment of

normal retirement age.

The provisions of this paragraph shall apply in accordance with

regulations of the Secretary of the Treasury. Such regulations

shall provide for the application of the preceding provisions of

this paragraph to all employee pension benefit plans subject to

this subsection and may provide for the application of such

provisions, in the case of any such employee, with respect to any

period of time within a plan year.

(4) Compliance with the requirements of this subsection with

respect to an employee pension benefit plan shall constitute

compliance with the requirements of this section relating to

benefit accrual under such plan.

(5) Paragraph (1) shall not apply with respect to any employee

who is a highly compensated employee (within the meaning of section

414(q) of title 26) to the extent provided in regulations

prescribed by the Secretary of the Treasury for purposes of

precluding discrimination in favor of highly compensated employees

within the meaning of subchapter D of chapter 1 of title 26.

(6) A plan shall not be treated as failing to meet the

requirements of paragraph (1) solely because the subsidized portion

of any early retirement benefit is disregarded in determining

benefit accruals or it is a plan permitted by subsection (m) of

this section..(!1)

(7) Any regulations prescribed by the Secretary of the Treasury

pursuant to clause (v) of section 411(b)(1)(H) of title 26 and

subparagraphs (C) and (D) (!2) of section 411(b)(2) of title 26

shall apply with respect to the requirements of this subsection in

the same manner and to the same extent as such regulations apply

with respect to the requirements of such sections 411(b)(1)(H) and

411(b)(2).

(8) A plan shall not be treated as failing to meet the

requirements of this section solely because such plan provides a

normal retirement age described in section 1002(24)(B) of this

title and section 411(a)(8)(B) of title 26.

(9) For purposes of this subsection -

(A) The terms "employee pension benefit plan", "defined benefit

plan", "defined contribution plan", and "normal retirement age"

have the meanings provided such terms in section 1002 of this

title.

(B) The term "compensation" has the meaning provided by section

414(s) of title 26.

(j) Employment as firefighter or law enforcement officer

It shall not be unlawful for an employer which is a State, a

political subdivision of a State, an agency or instrumentality of a

State or a political subdivision of a State, or an interstate

agency to fail or refuse to hire or to discharge any individual

because of such individual's age if such action is taken -

(1) with respect to the employment of an individual as a

firefighter or as a law enforcement officer, the employer has

complied with section 3(d)(2) of the Age Discrimination in

Employment Amendments of 1996 (!2) if the individual was

discharged after the date described in such section, and the

individual has attained -

(A) the age of hiring or retirement, respectively, in effect

under applicable State or local law on March 3, 1983; or

(B)(i) if the individual was not hired, the age of hiring in

effect on the date of such failure or refusal to hire under

applicable State or local law enacted after September 30, 1996;

or

(ii) if applicable State or local law was enacted after

September 30, 1996, and the individual was discharged, the

higher of -

(I) the age of retirement in effect on the date of such

discharge under such law; and

(II) age 55; and

(2) pursuant to a bona fide hiring or retirement plan that is

not a subterfuge to evade the purposes of this chapter.

(k) Seniority system or employee benefit plan; compliance

A seniority system or employee benefit plan shall comply with

this chapter regardless of the date of adoption of such system or

plan.

(g742l) Lawful practices; minimum age as condition of eligibility

for retirement benefits; deductions from severance pay; reduction

of long-term disability benefits

Notwithstanding clause (i) or (ii) of subsection (f)(2)(B) of

this section -

(1) It shall not be a violation of subsection (a), (b), (c), or

(e) of this section solely because -

(A) an employee pension benefit plan (as defined in section

1002(2) of this title) provides for the attainment of a minimum

age as a condition of eligibility for normal or early

retirement benefits; or

(B) a defined benefit plan (as defined in section 1002(35) of

this title) provides for -

(i) payments that constitute the subsidized portion of an

early retirement benefit; or

(ii) social security supplements for plan participants that

commence before the age and terminate at the age (specified

by the plan) when participants are eligible to receive

reduced or unreduced old-age insurance benefits under title

II of the Social Security Act (42 U.S.C. 401 et seq.), and

that do not exceed such old-age insurance benefits.

(2)(A) It shall not be a violation of subsection (a), (b), (c),

or (e) of this section solely because following a contingent

event unrelated to age -

(i) the value of any retiree health benefits received by an

individual eligible for an immediate pension;

(ii) the value of any additional pension benefits that are

made available solely as a result of the contingent event

unrelated to age and following which the individual is eligible

for not less than an immediate and unreduced pension; or

(iii) the values described in both clauses (i) and (ii);

are deducted from severance pay made available as a result of the

contingent event unrelated to age.

(B) For an individual who receives immediate pension benefits

that are actuarially reduced under subparagraph (A)(i), the

amount of the deduction available pursuant to subparagraph (A)(i)

shall be reduced by the same percentage as the reduction in the

pension benefits.

(C) For purposes of this paragraph, severance pay shall include

that portion of supplemental unemployment compensation benefits

(as described in section 501(c)(17) of title 26) that -

(i) constitutes additional benefits of up to 52 weeks;

(ii) has the primary purpose and effect of continuing

benefits until an individual becomes eligible for an immediate

and unreduced pension; and

(iii) is discontinued once the individual becomes eligible

for an immediate and unreduced pension.

(D) For purposes of this paragraph and solely in order to make

the deduction authorized under this paragraph, the term "retiree

health benefits" means benefits provided pursuant to a group

health plan covering retirees, for which (determined as of the

contingent event unrelated to age) -

(i) the package of benefits provided by the employer for the

retirees who are below age 65 is at least comparable to

benefits provided under title XVIII of the Social Security Act

(42 U.S.C. 1395 et seq.);

(ii) the package of benefits provided by the employer for the

retirees who are age 65 and above is at least comparable to

that offered under a plan that provides a benefit package with

one-fourth the value of benefits provided under title XVIII of

such Act; or

(iii) the package of benefits provided by the employer is as

described in clauses (i) and (ii).

(E)(i) If the obligation of the employer to provide retiree

health benefits is of limited duration, the value for each

individual shall be calculated at a rate of $3,000 per year for

benefit years before age 65, and $750 per year for benefit years

beginning at age 65 and above.

(ii) If the obligation of the employer to provide retiree

health benefits is of unlimited duration, the value for each

individual shall be calculated at a rate of $48,000 for

individuals below age 65, and $24,000 for individuals age 65 and

above.

(iii) The values described in clauses (i) and (ii) shall be

calculated based on the age of the individual as of the date of

the contingent event unrelated to age. The values are effective

on October 16, 1990, and shall be adjusted on an annual basis,

with respect to a contingent event that occurs subsequent to the

first year after October 16, 1990, based on the medical component

of the Consumer Price Index for all-urban consumers published by

the Department of Labor.

(iv) If an individual is required to pay a premium for retiree

health benefits, the value calculated pursuant to this

subparagraph shall be reduced by whatever percentage of the

overall premium the individual is required to pay.

(F) If an employer that has implemented a deduction pursuant to

subparagraph (A) fails to fulfill the obligation described in

subparagraph (E), any aggrieved individual may bring an action

for specific performance of the obligation described in

subparagraph (E). The relief shall be in addition to any other

remedies provided under Federal or State law.

(3) It shall not be a violation of subsection (a), (b), (c), or

(e) of this section solely because an employer provides a bona

fide employee benefit plan or plans under which long-term

disability benefits received by an individual are reduced by any

pension benefits (other than those attributable to employee

contributions) -

(A) paid to the individual that the individual voluntarily

elects to receive; or

(B) for which an individual who has attained the later of age

62 or normal retirement age is eligible.

(m) Voluntary retirement incentive plans

Notwithstanding subsection (f)(2)(B) of this section, it shall

not be a violation of subsection (a), (b), (c), or (e) of this

section solely because a plan of an institution of higher education

(as defined in section 1001 of title 20) offers employees who are

serving under a contract of unlimited tenure (or similar

arrangement providing for unlimited tenure) supplemental benefits

upon voluntary retirement that are reduced or eliminated on the

basis of age, if -

(1) such institution does not implement with respect to such

employees any age-based reduction or cessation of benefits that

are not such supplemental benefits, except as permitted by other

provisions of this chapter;

(2) such supplemental benefits are in addition to any

retirement or severance benefits which have been offered

generally to employees serving under a contract of unlimited

tenure (or similar arrangement providing for unlimited tenure),

independent of any early retirement or exit-incentive plan,

within the preceding 365 days; and

(3) any employee who attains the minimum age and satisfies all

non-age-based conditions for receiving a benefit under the plan

has an opportunity lasting not less than 180 days to elect to

retire and to receive the maximum benefit that could then be

elected by a younger but otherwise similarly situated employee,

and the plan does not require retirement to occur sooner than 180

days after such election.

-SOURCE-

(Pub. L. 90-202, Sec. 4, Dec. 15, 1967, 81 Stat. 603; Pub. L.

95-256, Sec. 2(a), Apr. 6, 1978, 92 Stat. 189; Pub. L. 97-248,

title I, Sec. 116(a), Sept. 3, 1982, 96 Stat. 353; Pub. L. 98-369,

div. B, title III, Sec. 2301(b), July 18, 1984, 98 Stat. 1063; Pub.

L. 98-459, title VIII, Sec. 802(b), Oct. 9, 1984, 98 Stat. 1792;

Pub. L. 99-272, title IX, Sec. 9201(b)(1), (3), Apr. 7, 1986, 100

Stat. 171; Pub. L. 99-509, title IX, Sec. 9201, Oct. 21, 1986, 100

Stat. 1973; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;

Pub. L. 99-592, Secs. 2(a), (b), 3(a), Oct. 31, 1986, 100 Stat.

3342; Pub. L. 101-239, title VI, Sec. 6202(b)(3)(C)(i), Dec. 19,

1989, 103 Stat. 2233; Pub. L. 101-433, title I, Sec. 103, Oct. 16,

1990, 104 Stat. 978; Pub. L. 101-521, Nov. 5, 1990, 104 Stat. 2287;

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.

119[1(b)]], Sept. 30, 1996, 110 Stat. 3009, 3009-23; Pub. L.

105-244, title IX, Sec. 941(a), (b), Oct. 7, 1998, 112 Stat. 1834,

1835.)

-REFTEXT-

REFERENCES IN TEXT

Subparagraphs (C) and (D) of section 411(b)(2) of title 26,

referred to in subsec. (i)(7), were redesignated subpars. (B) and

(C) of section 411(b)(2) of Title 26, Internal Revenue Code, by

Pub. L. 101-239, title VII, Sec. 7871(a)(1), Dec. 19, 1989, 103

Stat. 2435.

Section 3(d)(2) of the Age Discrimination in Employment

Amendments of 1996, referred to in subsec. (j)(1), probably means

Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I, Sec.

119[2(d)(2)]], Sept. 30, 1996, 110 Stat. 3009, 3009-23, 3009-25,

which is set out as a note under this section.

The Social Security Act, referred to in subsec. (l)(1)(B)(ii),

(2)(D)(i), (ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as

amended. Titles II and XVIII of the Act are classified generally to

subchapters II (Sec. 401 et seq.) and XVIII (Sec. 1395 et seq.),

respectively, of chapter 7 of Title 42, The Public Health and

Welfare. For complete classification of this Act to the Code, see

section 1305 of Title 42 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (i)(6). Pub. L. 105-244, Sec. 941(b), inserted "or

it is a plan permitted by subsection (m) of this section." after

"accruals".

Subsec. (m). Pub. L. 105-244, Sec. 941(a), added subsec. (m).

1996 - Subsec. (j). Pub. L. 104-208, Sec. 101(a) [title I, Sec.

119[1(b)(1)]], reenacted subsec. (j) of this section, as in effect

immediately before Dec. 31, 1993.

Subsec. (j)(1). Pub. L. 104-208, Sec. 101(a) [title I, Sec.

119[1(b)(2)]], substituted ", the employer has complied with

section 3(d)(2) of the Age Discrimination in Employment Amendments

of 1996 if the individual was discharged after the date described

in such section, and the individual has attained -

"(A) the age of hiring or retirement, respectively, in effect

under applicable State or local law on March 3, 1983; or

"(B)(i) if the individual was not hired, the age of hiring in

effect on the date of such failure or refusal to hire under

applicable State or local law enacted after September 30, 1996;

or

"(ii) if applicable State or local law was enacted after

September 30, 1996, and the individual was discharged, the higher

of -

"(I) the age of retirement in effect on the date of such

discharge under such law; and

"(II) age 55; and" for "and the individual has attained the

age of hiring or retirement in effect under applicable State or

local law on March 3, 1983, and".

1990 - Subsec. (f)(2). Pub. L. 101-433, Sec. 103(1), added par.

(2) and struck out former par. (2) which read as follows: "to

observe the terms of a bona fide seniority system or any bona fide

employee benefit plan such as a retirement, pension, or insurance

plan, which is not a subterfuge to evade the purposes of this

chapter, except that no such employee benefit plan shall excuse the

failure to hire any individual, and no such seniority system or

employee benefit plan shall require or permit the involuntary

retirement of any individual specified by section 631(a) of this

title because of the age of such individual; or".

Subsecs. (i), (j). Pub. L. 101-433, Sec. 103(2), redesignated

subsec. (i), relating to employment as firefighter or law

enforcement officer, as (j).

Subsec. (k). Pub. L. 101-433, Sec. 103(3), added subsec. (k).

Subsec. (l). Pub. L. 101-521 added cl. (iii) in par. (2)(A), and

in par. (2)(D) inserted "and solely in order to make the deduction

authorized under this paragraph" after "For purposes of this

paragraph" and added cl. (iii).

Pub. L. 101-433, Sec. 103(3), added subsec. (l).

1989 - Subsec. (g). Pub. L. 101-239 struck out subsec. (g) which

read as follows:

"(1) For purposes of this section, any employer must provide that

any employee aged 65 or older, and any employee's spouse aged 65 or

older, shall be entitled to coverage under any group health plan

offered to such employees under the same conditions as any

employee, and the spouse of such employee, under age 65.

"(2) For purposes of paragraph (1), the term 'group health plan'

has the meaning given to such term in section 162(i)(2) of title

26."

1986 - Subsec. (g)(1). Pub. L. 99-272, Sec. 9201(b)(1), and Pub.

L. 99-592, Sec. 2(a), made identical amendments, substituting "or

older" for "through 69" in two places.

Subsec. (g)(2). Pub. L. 99-514 substituted "Internal Revenue Code

of 1986" for "Internal Revenue Code of 1954", which for purposes of

codification was translated as "title 26" thus requiring no change

in text.

Subsec. (h). Pub. L. 99-272, Sec. 9201(b)(3), and Pub. L. 99-592,

Sec. 2(b), made identical amendments, redesignating subsec. (g),

relating to practices of foreign corporations controlled by

American employers, as (h).

Subsec. (i). Pub. L. 99-592, Sec. 3, temporarily added subsec.

(i) which read as follows: "It shall not be unlawful for an

employer which is a State, a political subdivision of a State, an

agency or instrumentality of a State or a political subdivision of

a State, or an interstate agency to fail or refuse to hire or to

discharge any individual because of such individual's age if such

action is taken -

"(1) with respect to the employment of an individual as a

firefighter or as a law enforcement officer and the individual

has attained the age of hiring or retirement in effect under

applicable State or local law on March 3, 1983, and

"(2) pursuant to a bona fide hiring or retirement plan that is

not a subterfuge to evade the purposes of this chapter."

See Effective and Termination Dates of 1986 Amendments note below.

Pub. L. 99-509 added subsec. (i) relating to employee pension

benefit plans.

1984 - Subsec. (f)(1). Pub. L. 98-459, Sec. 802(b)(1), inserted

", or where such practices involve an employee in a workplace in a

foreign country, and compliance with such subsections would cause

such employer, or a corporation controlled by such employer, to

violate the laws of the country in which such workplace is

located".

Subsec. (g). Pub. L. 98-459, Sec. 802(b)(2), added subsec. (g)

relating to practices of foreign corporations controlled by

American employers.

Subsec. (g)(1). Pub. L. 98-369 inserted ", and any employee's

spouse aged 65 through 69," after "aged 65 through 69" and ", and

the spouse of such employee," after "as any employee", in subsec.

(g) relating to entitlement to coverage under group health plan.

1982 - Subsec. (g). Pub. L. 97-248 added subsec. (g) relating to

entitlement to coverage under group health plans.

1978 - Subsec. (f)(2). Pub. L. 95-256 provided that no seniority

system or employee benefit plan require or permit the involuntary

retirement of any individual specified by section 631(a) of this

title because of the age of the individual.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-244, title IX, Sec. 941(d), Oct. 7, 1998, 112 Stat.

1835, provided that:

"(1) In general. - This section [amending this section and

enacting provisions set out as a note below] shall take effect on

the date of enactment of this Act [Oct. 7, 1998].

"(2) Effect on causes of action existing before date of

enactment. - The amendment made by subsection (a) [amending this

section] shall not apply with respect to any cause of action

arising under the Age Discrimination in Employment Act of 1967 [29

U.S.C. 621 et seq.] prior to the date of enactment of this Act."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 101(a) [title I, Sec. 119[3]] of Pub. L. 104-208 provided

that:

"(a) General Effective Date. - Except as provided in subsection

(b), this title [probably means section 101(a) [title I, Sec. 119]

of Pub. L. 104-208, amending this section and enacting and

repealing provisions set out as notes under this section] and the

amendments made by this title shall take effect on the date of

enactment of this Act [Sept. 30, 1996].

"(b) Special Effective Date. - The repeal made by section 2(a)

and the reenactment made by section 2(b)(1) [probably means section

101(a) [title I, Sec. 119[1(a), (b)(1)]] of Pub. L. 104-208,

amending this section and repealing provisions set out as a note

under this section] shall take effect on December 31, 1993."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 105 of title I of Pub. L. 101-433, as amended by Pub. L.

102-236, Sec. 9, Dec. 12, 1991, 105 Stat. 1816, provided that:

"(a) In General. - Except as otherwise provided in this section,

this title [amending this section and section 630 of this title and

enacting provisions set out as notes under this section and section

621 of this title] and the amendments made by this title shall

apply only to -

"(1) any employee benefit established or modified on or after

the date of enactment of this Act [Oct. 16, 1990]; and

"(2) other conduct occurring more than 180 days after the date

of enactment of this Act.

"(b) Collectively Bargained Agreements. - With respect to any

employee benefits provided in accordance with a collective

bargaining agreement -

"(1) that is in effect as of the date of enactment of this Act

[Oct. 16, 1990]; or that is a result of pattern collective

bargaining in an industry where the agreement setting the pattern

was ratified after September 20, 1990, but prior to the date of

enactment, and the final agreement in the industry adhering to

the pattern was ratified after the date of enactment, but not

later than November 20, 1990;

"(2) that terminates after such date of enactment;

"(3) any provision of which was entered into by a labor

organization (as defined by section 6(d)(4) of the Fair Labor

Standards Act of 1938 (29 U.S.C. 206(d)(4))); and

"(4) that contains any provision that would be superseded (in

whole or part) by this title [amending this section and section

630 of this title and enacting provisions set out as notes under

this section and section 621 of this title] and the amendments

made by this title, but for the operation of this section,

this title and the amendments made by this title shall not apply

until the termination of such collective bargaining agreement or

June 1, 1992, whichever occurs first.

"(c) States and Political Subdivisions. -

"(1) In general. - With respect to any employee benefits

provided by an employer -

"(A) that is a State or political subdivision of a State or

any agency or instrumentality of a State or political

subdivision of a State; and

"(B) that maintained an employee benefit plan at any time

between June 23, 1989, and the date of enactment of this Act

[Oct. 16, 1990] that would be superseded (in whole or part) by

this title [amending this section and section 630 of this title

and enacting provisions set out as notes under this section and

section 621 of this title] and the amendments made by this

title but for the operation of this subsection, and which plan

may be modified only through a change in applicable State or

local law,

this title and the amendments made by this title shall not apply

until the date that is 2 years after the date of enactment of

this Act.

"(2) Election of disability coverage for employees hired prior

to effective date. -

"(A) In general. - An employer that maintains a plan

described in paragraph (1)(B) may, with regard to disability

benefits provided pursuant to such a plan -

"(i) following reasonable notice to all employees,

implement new disability benefits that satisfy the

requirements of the Age Discrimination in Employment Act of

1967 [29 U.S.C. 621 et seq.] (as amended by this title); and

"(ii) then offer to each employee covered by a plan

described in paragraph (1)(B) the option to elect such new

disability benefits in lieu of the existing disability

benefits, if -

"(I) the offer is made and reasonable notice provided no later

than the date that is 2 years after the date of enactment of

this Act [Oct. 16, 1990]; and

"(II) the employee is given up to 180 days after the offer in

which to make the election.

"(B) Previous disability benefits. - If the employee does not

elect to be covered by the new disability benefits, the

employer may continue to cover the employee under the previous

disability benefits even though such previous benefits do not

otherwise satisfy the requirements of the Age Discrimination in

Employment Act of 1967 (as amended by this title).

"(C) Abrogation of right to receive benefits. - An election

of coverage under the new disability benefits shall abrogate

any right the electing employee may have had to receive

existing disability benefits. The employee shall maintain any

years of service accumulated for purposes of determining

eligibility for the new benefits.

"(3) State assistance. - The Equal Employment Opportunity

Commission, the Secretary of Labor, and the Secretary of the

Treasury shall, on request, provide to States assistance in

identifying and securing independent technical advice to assist

in complying with this subsection.

"(4) Definitions. - For purposes of this subsection:

"(A) Employer and state. - The terms 'employer' and 'State'

shall have the respective meanings provided such terms under

subsections (b) and (i) of section 11 of the Age Discrimination

in Employment Act of 1967 (29 U.S.C. 630).

"(B) Disability benefits. - The term 'disability benefits'

means any program for employees of a State or political

subdivision of a State that provides long-term disability

benefits, whether on an insured basis in a separate employee

benefit plan or as part of an employee pension benefit plan.

"(C) Reasonable notice. - The term 'reasonable notice' means,

with respect to notice of new disability benefits described in

paragraph (2)(A) that is given to each employee, notice that -

"(i) is sufficiently accurate and comprehensive to appraise

the employee of the terms and conditions of the disability

benefits, including whether the employee is immediately

eligible for such benefits; and

"(ii) is written in a manner calculated to be understood by

the average employee eligible to participate.

"(d) Discrimination in Employee Pension Benefit Plans. - Nothing

in this title [amending this section and section 630 of this title

and enacting provisions set out as notes under this section and

section 621 of this title], or the amendments made by this title,

shall be construed as limiting the prohibitions against

discrimination that are set forth in section 4(j) of the Age

Discrimination in Employment Act of 1967 [29 U.S.C. 623(j)] (as

redesignated by section 103(2) of this Act).

"(e) Continued Benefit Payments. - Notwithstanding any other

provision of this section, on and after the effective date of this

title and the amendments made by this title (as determined in

accordance with subsections (a), (b), and (c)), this title and the

amendments made by this title shall not apply to a series of

benefit payments made to an individual or the individual's

representative that began prior to the effective date and that

continue after the effective date pursuant to an arrangement that

was in effect on the effective date, except that no substantial

modification to such arrangement may be made after the date of

enactment of this Act [Oct. 16, 1990] if the intent of the

modification is to evade the purposes of this Act."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 applicable to items and services

furnished after Dec. 19, 1989, see section 6202(b)(5) of Pub. L.

101-239, set out as a note under section 162 of Title 26, Internal

Revenue Code.

EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENTS

Section 7 of Pub. L. 99-592 provided that:

"(a) In General. - Except as provided in subsection (b), this Act

and the amendments made by this Act [amending this section and

sections 630 and 631 of this title and enacting provisions set out

as notes under this section and sections 621, 622, 624, and 631 of

this title] shall take effect on January 1, 1987, except that with

respect to any employee who is subject to a collective-bargaining

agreement -

"(1) which is in effect on June 30, 1986,

"(2) which terminates after January 1, 1987,

"(3) any provision of which was entered into by a labor

organization (as defined by section 6(d)(4) of the Fair Labor

Standards Act of 1938 (29 U.S.C. 206(d)(4)), and

"(4) which contains any provision that would be superseded by

such amendments, but for the operation of this section,

such amendments shall not apply until the termination of such

collective bargaining agreement or January 1, 1990, whichever

occurs first.

"(b) Effect on Existing Causes of Action. - The amendments made

by sections 3 and 4 of this Act [amending this section and section

630 of this title and enacting provisions set out as a note below]

shall not apply with respect to any cause of action arising under

the Age Discrimination in Employment Act of 1967 [29 U.S.C. 621 et

seq.] as in effect before January 1, 1987."

Section 3(b) of Pub. L. 99-592 which provided that the amendment

made by section 3(a) of Pub. L. 99-592, which amended this section,

was repealed Dec. 31, 1993, was itself repealed, effective Dec. 31,

1993, by Pub. L. 104-208, div. A, title I, Sec. 101(a) [title I,

Sec. 119[1(a)]], Sept. 30, 1996, 110 Stat. 3009, 3009-23.

Section 9204 of subtitle C (Secs. 9201-9204) of title IX of Pub.

L. 99-509 provided that:

"(a) Applicability to Employees with Service after 1988. -

"(1) In general. - The amendments made by sections 9201 and

9202 [amending this section, section 1054 of this title, and

section 411 of Title 26, Internal Revenue Code] shall apply only

with respect to plan years beginning on or after January 1, 1988,

and only to employees who have 1 hour of service in any plan year

to which such amendments apply.

"(2) Special rule for collectively bargained plans. - In the

case of a plan maintained pursuant to 1 or more collective

bargaining agreements between employee representatives and 1 or

more employers ratified before March 1, 1986, paragraph (1) shall

be applied to benefits pursuant to, and individuals covered by,

any such agreement by substituting for 'January 1, 1988' the date

of the commencement of the first plan year beginning on or after

the earlier of -

"(A) the later of -

"(i) January 1, 1988, or

"(ii) the date on which the last of such collective

bargaining agreements terminate (determined without regard to

any extension thereof after February 28, 1986), or

"(B) January 1, 1990.

"(b) Applicability of Amendments Relating to Normal Retirement

Age. - The amendments made by section 9203 [amending sections 1002

and 1052 of this title and sections 410 and 411 of Title 26] shall

apply only with respect to plan years beginning on or after January

1, 1988, and only with respect to service performed on or after

such date.

"(c) Plan Amendments. - If any amendment made by this subtitle

[amending this section, sections 1002, 1052, and 1054 of this

title, and sections 410 and 411 of Title 26] requires an amendment

to any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after January 1, 1989,

if -

"(1) during the period after such amendment takes effect and

before such first plan year, the plan is operated in accordance

with the requirements of such amendment, and

"(2) such plan amendment applies retroactively to the period

after such amendment takes effect and such first plan year.

A pension plan shall not be treated as failing to provide

definitely determinable benefits or contributions, or to be

operated in accordance with the provisions of the plan, merely

because it operates in accordance with this subsection.

"(d) Interagency Coordination. - The regulations and rulings

issued by the Secretary of Labor, the regulations and rulings

issued by the Secretary of the Treasury, and the regulations and

rulings issued by the Equal Employment Opportunity Commission

pursuant to the amendments made by this subtitle shall each be

consistent with the others. The Secretary of Labor, the Secretary

of the Treasury, and the Equal Employment Opportunity Commission

shall each consult with the others to the extent necessary to meet

the requirements of the preceding sentence.

"(e) Final Regulations. - The Secretary of Labor, the Secretary

of the Treasury, and the Equal Employment Opportunity Commission

shall each issue before February 1, 1988, such final regulations as

may be necessary to carry out the amendments made by this

subtitle."

Amendment by Pub. L. 99-272 effective May 1, 1986, see section

9201(d)(2) of Pub. L. 99-272, set out as an Effective Date of 1986

Amendment note under section 1395p of Title 42, The Public Health

and Welfare.

EFFECTIVE DATE OF 1984 AMENDMENTS

Section 2301(c)(2) of Pub. L. 98-369 provided that: "The

amendment made by subsection (b) [amending this section] shall

become effective on January 1, 1985."

Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section

803(a) of Pub. L. 98-459, set out as a note under section 3001 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1982 AMENDMENT

Section 116(c) of Pub. L. 97-248 provided that: "The amendment

made by subsection (a) [amending this section] shall become

effective on January 1, 1983, and the amendment made by subsection

(b) [enacting section 1395y(b)(3) of Title 42, The Public Health

and Welfare] shall apply with respect to items and services

furnished on or after such date."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 2(b) of Pub. L. 95-256 provided that: "The amendment made

by subsection (a) of this section [amending this section] shall

take effect on the date of enactment of this Act [Apr. 6, 1978],

except that, in the case of employees covered by a collective

bargaining agreement which is in effect on September 1, 1977, which

was entered into by a labor organization (as defined by section

6(d)(4) of the Fair Labor Standards Act of 1938 [section 206(d)(4)

of this title]), and which would otherwise be prohibited by the

amendment made by section 3(a) of this Act [amending section 631 of

this title], the amendment made by subsection (a) of this section

[amending this section] shall take effect upon the termination of

such agreement or on January 1, 1980, whichever occurs first."

REGULATIONS

Section 104 of title I of Pub. L. 101-433 provided that:

"Notwithstanding section 9 of the Age Discrimination in Employment

Act of 1967 (29 U.S.C. 628), the Equal Employment Opportunity

Commission may issue such rules and regulations as the Commission

may consider necessary or appropriate for carrying out this title

[amending this section and section 630 of this title and enacting

provisions set out as notes under this section and section 621 of

this title], and the amendments made by this title, only after

consultation with the Secretary of the Treasury and the Secretary

of Labor."

CONSTRUCTION OF 1998 AMENDMENT

Pub. L. 105-244, title IX, Sec. 941(c), Oct. 7, 1998, 112 Stat.

1835, provided that: "Nothing in the amendment made by subsection

(a) [amending this section] shall affect the application of section

4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C.

623) with respect to -

"(1) any plan described in subsection (m) of section 4 of such

Act (as added by subsection (a)), for any period prior to

enactment of such Act [Dec. 15, 1967];

"(2) any plan not described in subsection (m) of section 4 of

such Act (as added by subsection (a)); or

"(3) any employer other than an institution of higher education

(as defined in section 101 of the Higher Education Act of 1965

[20 U.S.C. 1001])."

CONSTRUCTION OF 1996 AMENDMENT

Section 101(a) [title I, Sec. 119[1(c)]] of Pub. L. 104-208

provided that: "Nothing in the repeal, reenactment, and amendment

made by subsections (a) and (b) [section 101(a) [title I, Sec.

119[1(a), (b)]] of Pub. L. 104-208, amending this section and

repealing provisions set out as a note under this section] shall be

construed to make lawful the failure or refusal to hire, or the

discharge of, an individual pursuant to a law that -

"(1) was enacted after March 3, 1983 and before the date of

enactment of the Age Discrimination in Employment Amendments of

1996 [Sept. 30, 1996]; and

"(2) lowered the age of hiring or retirement, respectively, for

firefighters or law enforcement officers that was in effect under

applicable State or local law on March 3, 1983."

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by this section in Secretary of Labor or Civil

Service Commission transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-MISC2-

STUDY AND GUIDELINES FOR PERFORMANCE TESTS

Section 101(a) [title I, Sec. 119[2]] of Pub. L. 104-208 provided

that:

"(a) Study. - Not later than 3 years after the date of enactment

of this Act [Sept. 30, 1996], the Secretary of Health and Human

Services, acting through the Director of the National Institute for

Occupational Safety and Health (referred to in this section

[probably means section 101(a) [title I, Sec. 119[2]] of Pub. L.

104-208] as the 'Secretary'), shall conduct, directly or by

contract, a study, and shall submit to the appropriate committees

of Congress a report based on the results of the study that shall

include -

"(1) a list and description of all tests available for the

assessment of abilities important for the completion of public

safety tasks performed by law enforcement officers and

firefighters;

"(2) a list of the public safety tasks for which adequate tests

described in paragraph (1) do not exist;

"(3) a description of the technical characteristics that the

tests shall meet to be in compliance with applicable Federal

civil rights law and policies;

"(4) a description of the alternative methods that are

available for determining minimally acceptable performance

standards on the tests;

"(5) a description of the administrative standards that should

be met in the administration, scoring, and score interpretation

of the tests; and

"(6) an examination of the extent to which the tests are

cost-effective, are safe, and comply with the Federal civil

rights law and policies.

"(b) Consultation Requirement; Opportunity for Public Comment. -

"(1) Consultation. - The Secretary shall, during the conduct of

the study required by subsection (a), consult with -

"(A) the Deputy Administrator of the United States Fire

Administration;

"(B) the Director of the Federal Emergency Management Agency;

"(C) organizations that represent law enforcement officers,

firefighters, and employers of the officers and firefighters;

and

"(D) organizations that represent older individuals.

"(2) Public comment. - Prior to issuing the advisory guidelines

required in subsection (c), the Secretary shall provide an

opportunity for public comment on the proposed advisory

guidelines.

"(c) Advisory Guidelines. - Not later than 4 years after the date

of enactment of this Act [Sept. 30, 1996], the Secretary shall

develop and issue, based on the results of the study required by

subsection (a), advisory guidelines for the administration and use

of physical and mental fitness tests to measure the ability and

competency of law enforcement officers and firefighters to perform

the requirements of the jobs of the officers and firefighters.

"(d) Job Performance Tests. -

"(1) Identification of tests. - After issuance of the advisory

guidelines described in subsection (c), the Secretary shall issue

regulations identifying valid, nondiscriminatory job performance

tests that shall be used by employers seeking the exemption

described in section 4(j) of the Age Discrimination in Employment

Act of 1967 [29 U.S.C. 623(j)] with respect to firefighters or

law enforcement officers who have attained an age of retirement

described in such section 4(j).

"(2) Use of tests. - Effective on the date of issuance of the

regulations described in paragraph (1), any employer seeking such

exemption with respect to a firefighter or law enforcement

officer who has attained such age shall provide to each

firefighter or law enforcement officer who has attained such age

an annual opportunity to demonstrate physical and mental fitness

by passing a test described in paragraph (1), in order to

continue employment.

"(e) Development of Standards for Wellness Programs. - Not later

than 2 years after the date of enactment of this Act [Sept. 30,

1996], the Secretary shall propose advisory standards for wellness

programs for law enforcement officers and firefighters.

"(f) Authorization of Appropriations. - There is authorized to be

appropriated $5,000,000 to carry out this section."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

-FOOTNOTE-

(!1) So in original.

(!2) See References in Text note below.

-End-

-CITE-

29 USC Sec. 624 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 624. Study by Secretary of Labor; reports to President and

Congress; scope of study; implementation of study; transmittal

date of reports

-STATUTE-

(a)(1) The Secretary of Labor is directed to undertake an

appropriate study of institutional and other arrangements giving

rise to involuntary retirement, and report his findings and any

appropriate legislative recommendations to the President and to the

Congress. Such study shall include -

(A) an examination of the effect of the amendment made by

section 3(a) of the Age Discrimination in Employment Act

Amendments of 1978 in raising the upper age limitation

established by section 631(a) of this title to 70 years of age;

(B) a determination of the feasibility of eliminating such

limitation;

(C) a determination of the feasibility of raising such

limitation above 70 years of age; and

(D) an examination of the effect of the exemption contained in

section 631(c) of this title, relating to certain executive

employees, and the exemption contained in section 631(d) of this

title, relating to tenured teaching personnel.

(2) The Secretary may undertake the study required by paragraph

(1) of this subsection directly or by contract or other

arrangement.

(b) The report required by subsection (a) of this section shall

be transmitted to the President and to the Congress as an interim

report not later than January 1, 1981, and in final form not later

than January 1, 1982.

-SOURCE-

(Pub. L. 90-202, Sec. 5, Dec. 15, 1967, 81 Stat. 604; Pub. L.

95-256, Sec. 6, Apr. 6, 1978, 92 Stat. 192.)

-REFTEXT-

REFERENCES IN TEXT

Section 3(a) of the Age Discrimination in Employment Act

Amendments of 1978, referred to in subsec. (a)(1)(A), is section

3(a) of Pub. L. 95-256, Apr. 6, 1978, 92 Stat. 189, which amended

section 631 of this title.

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-256 designated existing provisions as par. (1),

added cls. (A) to (D), added par. (2), and added subsec. (b).

STUDY TO ANALYZE POTENTIAL CONSEQUENCES OF ELIMINATION OF MANDATORY

RETIREMENT ON INSTITUTIONS OF HIGHER EDUCATION

Pub. L. 99-592, Sec. 6(c), Oct. 31, 1986, 100 Stat. 3344,

provided that:

"(1) The Equal Employment Opportunity Commission shall, not later

than 12 months after the date of enactment of this Act [Oct. 31,

1986], enter into an agreement with the National Academy of

Sciences for the conduct of a study to analyze the potential

consequences of the elimination of mandatory retirement on

institutions of higher education.

"(2) The study required by paragraph (1) of this subsection shall

be conducted under the general supervision of the National Academy

of Sciences by a study panel composed of 9 members. The study panel

shall consist of -

"(A) 4 members who shall be administrators at institutions of

higher education selected by the National Academy of Sciences

after consultation with the American Council of Education, the

Association of American Universities, and the National

Association of State Universities and Land Grant Colleges;

"(B) 4 members who shall be teachers or retired teachers at

institutions of higher education (who do not serve in an

administrative capacity at such institutions), selected by the

National Academy of Sciences after consultation with the American

Federation of Teachers, the National Education Association, the

American Association of University Professors, and the American

Association of Retired Persons; and

"(C) one member selected by the National Academy of Sciences.

"(3) The results of the study shall be reported, with

recommendations, to the President and to the Congress not later

than 5 years after the date of enactment of this Act [Oct. 31,

1986].

"(4) The expenses of the study required by this subsection shall

be paid from funds available to the Equal Employment Opportunity

Commission."

-End-

-CITE-

29 USC Sec. 625 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 625. Administration

-STATUTE-

The Secretary shall have the power -

(a) Delegation of functions; appointment of personnel; technical

assistance

to make delegations, to appoint such agents and employees, and

to pay for technical assistance on a fee for service basis, as he

deems necessary to assist him in the performance of his functions

under this chapter;

(b) Cooperation with other agencies, employers, labor

organizations, and employment agencies

to cooperate with regional, State, local, and other agencies,

and to cooperate with and furnish technical assistance to

employers, labor organizations, and employment agencies to aid in

effectuating the purposes of this chapter.

-SOURCE-

(Pub. L. 90-202, Sec. 6, Dec. 15, 1967, 81 Stat. 604.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to age discrimination administration and

enforcement vested by this section in Secretary of Labor or Civil

Service Commission transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-End-

-CITE-

29 USC Sec. 626 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 626. Recordkeeping, investigation, and enforcement

-STATUTE-

(a) Attendance of witnesses; investigations, inspections, records,

and homework regulations

The Equal Employment Opportunity Commission shall have the power

to make investigations and require the keeping of records necessary

or appropriate for the administration of this chapter in accordance

with the powers and procedures provided in sections 209 and 211 of

this title.

(b) Enforcement; prohibition of age discrimination under fair labor

standards; unpaid minimum wages and unpaid overtime compensation;

liquidated damages; judicial relief; conciliation, conference,

and persuasion

The provisions of this chapter shall be enforced in accordance

with the powers, remedies, and procedures provided in sections

211(b), 216 (except for subsection (a) thereof), and 217 of this

title, and subsection (c) of this section. Any act prohibited under

section 623 of this title shall be deemed to be a prohibited act

under section 215 of this title. Amounts owing to a person as a

result of a violation of this chapter shall be deemed to be unpaid

minimum wages or unpaid overtime compensation for purposes of

sections 216 and 217 of this title: Provided, That liquidated

damages shall be payable only in cases of willful violations of

this chapter. In any action brought to enforce this chapter the

court shall have jurisdiction to grant such legal or equitable

relief as may be appropriate to effectuate the purposes of this

chapter, including without limitation judgments compelling

employment, reinstatement or promotion, or enforcing the liability

for amounts deemed to be unpaid minimum wages or unpaid overtime

compensation under this section. Before instituting any action

under this section, the Equal Employment Opportunity Commission

shall attempt to eliminate the discriminatory practice or practices

alleged, and to effect voluntary compliance with the requirements

of this chapter through informal methods of conciliation,

conference, and persuasion.

(c) Civil actions; persons aggrieved; jurisdiction; judicial

relief; termination of individual action upon commencement of

action by Commission; jury trial

(1) Any person aggrieved may bring a civil action in any court of

competent jurisdiction for such legal or equitable relief as will

effectuate the purposes of this chapter: Provided, That the right

of any person to bring such action shall terminate upon the

commencement of an action by the Equal Employment Opportunity

Commission to enforce the right of such employee under this

chapter.

(2) In an action brought under paragraph (1), a person shall be

entitled to a trial by jury of any issue of fact in any such action

for recovery of amounts owing as a result of a violation of this

chapter, regardless of whether equitable relief is sought by any

party in such action.

(d) Filing of charge with Commission; timeliness; conciliation,

conference, and persuasion

No civil action may be commenced by an individual under this

section until 60 days after a charge alleging unlawful

discrimination has been filed with the Equal Employment Opportunity

Commission. Such a charge shall be filed -

(1) within 180 days after the alleged unlawful practice

occurred; or

(2) in a case to which section 633(b) of this title applies,

within 300 days after the alleged unlawful practice occurred, or

within 30 days after receipt by the individual of notice of

termination of proceedings under State law, whichever is earlier.

Upon receiving such a charge, the Commission shall promptly notify

all persons named in such charge as prospective defendants in the

action and shall promptly seek to eliminate any alleged unlawful

practice by informal methods of conciliation, conference, and

persuasion.

(e) Reliance on administrative rulings; notice of dismissal or

termination; civil action after receipt of notice

Section 259 of this title shall apply to actions under this

chapter. If a charge filed with the Commission under this chapter

is dismissed or the proceedings of the Commission are otherwise

terminated by the Commission, the Commission shall notify the

person aggrieved. A civil action may be brought under this section

by a person defined in section 630(a) of this title against the

respondent named in the charge within 90 days after the date of the

receipt of such notice.

(f) Waiver

(1) An individual may not waive any right or claim under this

chapter unless the waiver is knowing and voluntary. Except as

provided in paragraph (2), a waiver may not be considered knowing

and voluntary unless at a minimum -

(A) the waiver is part of an agreement between the individual

and the employer that is written in a manner calculated to be

understood by such individual, or by the average individual

eligible to participate;

(B) the waiver specifically refers to rights or claims arising

under this chapter;

(C) the individual does not waive rights or claims that may

arise after the date the waiver is executed;

(D) the individual waives rights or claims only in exchange for

consideration in addition to anything of value to which the

individual already is entitled;

(E) the individual is advised in writing to consult with an

attorney prior to executing the agreement;

(F)(i) the individual is given a period of at least 21 days

within which to consider the agreement; or

(ii) if a waiver is requested in connection with an exit

incentive or other employment termination program offered to a

group or class of employees, the individual is given a period of

at least 45 days within which to consider the agreement;

(G) the agreement provides that for a period of at least 7 days

following the execution of such agreement, the individual may

revoke the agreement, and the agreement shall not become

effective or enforceable until the revocation period has expired;

(H) if a waiver is requested in connection with an exit

incentive or other employment termination program offered to a

group or class of employees, the employer (at the commencement of

the period specified in subparagraph (F)) informs the individual

in writing in a manner calculated to be understood by the average

individual eligible to participate, as to -

(i) any class, unit, or group of individuals covered by such

program, any eligibility factors for such program, and any time

limits applicable to such program; and

(ii) the job titles and ages of all individuals eligible or

selected for the program, and the ages of all individuals in

the same job classification or organizational unit who are not

eligible or selected for the program.

(2) A waiver in settlement of a charge filed with the Equal

Employment Opportunity Commission, or an action filed in court by

the individual or the individual's representative, alleging age

discrimination of a kind prohibited under section 623 or 633a of

this title may not be considered knowing and voluntary unless at a

minimum -

(A) subparagraphs (A) through (E) of paragraph (1) have been

met; and

(B) the individual is given a reasonable period of time within

which to consider the settlement agreement.

(3) In any dispute that may arise over whether any of the

requirements, conditions, and circumstances set forth in

subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of paragraph

(1), or subparagraph (A) or (B) of paragraph (2), have been met,

the party asserting the validity of a waiver shall have the burden

of proving in a court of competent jurisdiction that a waiver was

knowing and voluntary pursuant to paragraph (1) or (2).

(4) No waiver agreement may affect the Commission's rights and

responsibilities to enforce this chapter. No waiver may be used to

justify interfering with the protected right of an employee to file

a charge or participate in an investigation or proceeding conducted

by the Commission.

-SOURCE-

(Pub. L. 90-202, Sec. 7, Dec. 15, 1967, 81 Stat. 604; Pub. L.

95-256, Sec. 4(a), (b)(1), (c)(1), Apr. 6, 1978, 92 Stat. 190, 191;

1978 Reorg. Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807,

92 Stat. 3781; Pub. L. 101-433, title II, Sec. 201, Oct. 16, 1990,

104 Stat. 983; Pub. L. 102-166, title I, Sec. 115, Nov. 21, 1991,

105 Stat. 1079.)

-MISC1-

AMENDMENTS

1991 - Subsec. (e). Pub. L. 102-166 struck out par. (1)

designation, substituted "Section" for "Sections 255 and", inserted

at end "If a charge filed with the Commission under this chapter is

dismissed or the proceedings of the Commission are otherwise

terminated by the Commission, the Commission shall notify the

person aggrieved. A civil action may be brought under this section

by a person defined in section 630(a) of this title against the

respondent named in the charge within 90 days after the date of the

receipt of such notice.", and struck out par. (2) which read as

follows: "For the period during which the Equal Employment

Opportunity Commission is attempting to effect voluntary compliance

with requirements of this chapter through informal methods of

conciliation, conference, and persuasion pursuant to subsection (b)

of this section, the statute of limitations as provided in section

255 of this title shall be tolled, but in no event for a period in

excess of one year."

1990 - Subsec. (f). Pub. L. 101-433 added subsec. (f).

1978 - Subsec. (c). Pub. L. 95-256, Sec. 4(a), designated

existing provisions as par. (1) and added par. (2).

Subsec. (d). Pub. L. 95-256, Sec. 4(b)(1), substituted references

to the filing of a charge with the Secretary alleging unlawful

discrimination for references to the filing with the Secretary of

notice of intent to sue.

Subsec. (e). Pub. L. 95-256, Sec. 4(c)(1), designated existing

provisions as par. (1) and added par. (2).

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by Pub. L. 102-166 effective Nov. 21, 1991, except as

otherwise provided, see section 402 of Pub. L. 102-166, set out as

a note under section 1981 of Title 42, The Public Health and

Welfare.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 202(a) of Pub. L. 101-433 provided that: "The amendment

made by section 201 [amending this section] shall not apply with

respect to waivers that occur before the date of enactment of this

Act [Oct. 16, 1990]."

EFFECTIVE DATE OF 1978 AMENDMENT

Section 4(b)(2) of Pub. L. 95-256 provided that: "The amendment

made by paragraph (1) of this subsection [amending this section]

shall take effect with respect to civil actions brought after the

date of enactment of this Act [Apr. 6, 1978]."

Section 4(c)(2) of Pub. L. 95-256 provided that: "The amendment

made by paragraph (1) of this subsection [amending this section]

shall take effect with respect to conciliations commenced by the

Secretary of Labor after the date of enactment of this Act [Apr. 6,

1978]."

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" and "Commission"

substituted for "Secretary", meaning Secretary of Labor, pursuant

to Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92 Stat. 3781,

set out in the Appendix to Title 5, Government Organization and

Employees, which transferred all functions vested by this section

in Secretary of Labor to Equal Employment Opportunity Commission,

effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.

No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-MISC2-

RULE ON WAIVERS

Section 202(b) of Pub. L. 101-433 provided that: "Effective on

the date of enactment of this Act [Oct. 16, 1990], the rule on

waivers issued by the Equal Employment Opportunity Commission and

contained in section 1627.16(c) of title 29, Code of Federal

Regulations, shall have no force and effect."

AGE DISCRIMINATION CLAIMS ASSISTANCE

Pub. L. 100-283, Apr. 7, 1988, 102 Stat. 78, as amended by Pub.

L. 101-504, Sec. 2, Nov. 3, 1990, 104 Stat. 1298, provided

extension period for filing civil actions under this section, such

period consisting of 450 days beginning on Apr. 7, 1988, in cases

where a charge was timely filed with the Equal Employment

Opportunity Commission after Dec. 31, 1983, and 450 days beginning

on Nov. 3, 1990, in cases where a charge was timely filed after

Apr. 6, 1985, but the Commission did not, within the applicable

period set forth in subsec. (e) of this section either eliminate

the alleged unlawful practice or notify the complainant, in

writing, of the disposition of the charge and of right of such

person to bring civil action on such claim; required the Commission

to provide notice regarding claims for which extension period was

applicable; and required the Commission to submit reports to

Congress containing, among other things, information as to number

of persons eligible for extension period and number of persons who

were provided notice regarding claims for which extension period

was provided.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 633 of this title; title 2

section 1311; title 3 section 411.

-End-

-CITE-

29 USC Sec. 627 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 627. Notices to be posted

-STATUTE-

Every employer, employment agency, and labor organization shall

post and keep posted in conspicuous places upon its premises a

notice to be prepared or approved by the Equal Employment

Opportunity Commission setting forth information as the Commission

deems appropriate to effectuate the purposes of this chapter.

-SOURCE-

(Pub. L. 90-202, Sec. 8, Dec. 15, 1967, 81 Stat. 605; 1978 Reorg.

Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat.

3781.)

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" and "Commission"

substituted in text for "Secretary", meaning Secretary of Labor,

pursuant to Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, which transferred all functions vested

by this section in Secretary of Labor to Equal Employment

Opportunity Commission, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-End-

-CITE-

29 USC Sec. 628 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 628. Rules and regulations; exemptions

-STATUTE-

In accordance with the provisions of subchapter II of chapter 5

of title 5, the Equal Employment Opportunity Commission may issue

such rules and regulations as it may consider necessary or

appropriate for carrying out this chapter, and may establish such

reasonable exemptions to and from any or all provisions of this

chapter as it may find necessary and proper in the public interest.

-SOURCE-

(Pub. L. 90-202, Sec. 9, Dec. 15, 1967, 81 Stat. 605; 1978 Reorg.

Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat.

3781.)

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" and "it" substituted in

text for "Secretary of Labor" and "he", respectively, pursuant to

Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92 Stat. 3781,

set out in the Appendix to Title 5, Government Organization and

Employees, which transferred all functions vested by this section

in Secretary of Labor to Equal Employment Opportunity Commission,

effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.

No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-End-

-CITE-

29 USC Sec. 629 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 629. Criminal penalties

-STATUTE-

Whoever shall forcibly resist, oppose, impede, intimidate or

interfere with a duly authorized representative of the Equal

Employment Opportunity Commission while it is engaged in the

performance of duties under this chapter shall be punished by a

fine of not more than $500 or by imprisonment for not more than one

year, or by both: Provided, however, That no person shall be

imprisoned under this section except when there has been a prior

conviction hereunder.

-SOURCE-

(Pub. L. 90-202, Sec. 10, Dec. 15, 1967, 81 Stat. 605; 1978 Reorg.

Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92 Stat.

3781.)

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" and "it" substituted in

text for "Secretary", meaning Secretary of Labor, and "he",

respectively, pursuant to Reorg. Plan No. 1 of 1978, Sec. 2, 43

F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5,

Government Organization and Employees, which transferred all

functions vested by this section in Secretary of Labor to Equal

Employment Opportunity Commission, effective Jan. 1, 1979, as

provided by section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44

F.R. 1053.

-End-

-CITE-

29 USC Sec. 630 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 630. Definitions

-STATUTE-

For the purposes of this chapter -

(a) The term "person" means one or more individuals,

partnerships, associations, labor organizations, corporations,

business trusts, legal representatives, or any organized groups of

persons.

(b) The term "employer" means a person engaged in an industry

affecting commerce who has twenty or more employees for each

working day in each of twenty or more calendar weeks in the current

or preceding calendar year: Provided, That prior to June 30, 1968,

employers having fewer than fifty employees shall not be considered

employers. The term also means (1) any agent of such a person, and

(2) a State or political subdivision of a State and any agency or

instrumentality of a State or a political subdivision of a State,

and any interstate agency, but such term does not include the

United States, or a corporation wholly owned by the Government of

the United States.

(c) The term "employment agency" means any person regularly

undertaking with or without compensation to procure employees for

an employer and includes an agent of such a person; but shall not

include an agency of the United States.

(d) The term "labor organization" means a labor organization

engaged in an industry affecting commerce, and any agent of such an

organization, and includes any organization of any kind, any

agency, or employee representation committee, group, association,

or plan so engaged in which employees participate and which exists

for the purpose, in whole or in part, of dealing with employers

concerning grievances, labor disputes, wages, rates of pay, hours,

or other terms or conditions of employment, and any conference,

general committee, joint or system board, or joint council so

engaged which is subordinate to a national or international labor

organization.

(e) A labor organization shall be deemed to be engaged in an

industry affecting commerce if (1) it maintains or operates a

hiring hall or hiring office which procures employees for an

employer or procures for employees opportunities to work for an

employer, or (2) the number of its members (or, where it is a labor

organization composed of other labor organizations or their

representatives, if the aggregate number of the members of such

other labor organization) is fifty or more prior to July 1, 1968,

or twenty-five or more on or after July 1, 1968, and such labor

organization -

(1) is the certified representative of employees under the

provisions of the National Labor Relations Act, as amended [29

U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45

U.S.C. 151 et seq.]; or

(2) although not certified, is a national or international

labor organization or a local labor organization recognized or

acting as the representative of employees of an employer or

employers engaged in an industry affecting commerce; or

(3) has chartered a local labor organization or subsidiary body

which is representing or actively seeking to represent employees

of employers within the meaning of paragraph (1) or (2); or

(4) has been chartered by a labor organization representing or

actively seeking to represent employees within the meaning of

paragraph (1) or (2) as the local or subordinate body through

which such employees may enjoy membership or become affiliated

with such labor organization; or

(5) is a conference, general committee, joint or system board,

or joint council subordinate to a national or international labor

organization, which includes a labor organization engaged in an

industry affecting commerce within the meaning of any of the

preceding paragraphs of this subsection.

(f) The term "employee" means an individual employed by any

employer except that the term "employee" shall not include any

person elected to public office in any State or political

subdivision of any State by the qualified voters thereof, or any

person chosen by such officer to be on such officer's personal

staff, or an appointee on the policymaking level or an immediate

adviser with respect to the exercise of the constitutional or legal

powers of the office. The exemption set forth in the preceding

sentence shall not include employees subject to the civil service

laws of a State government, governmental agency, or political

subdivision. The term "employee" includes any individual who is a

citizen of the United States employed by an employer in a workplace

in a foreign country.

(g) The term "commerce" means trade, traffic, commerce,

transportation, transmission, or communication among the several

States; or between a State and any place outside thereof; or within

the District of Columbia, or a possession of the United States; or

between points in the same State but through a point outside

thereof.

(h) The term "industry affecting commerce" means any activity,

business, or industry in commerce or in which a labor dispute would

hinder or obstruct commerce or the free flow of commerce and

includes any activity or industry "affecting commerce" within the

meaning of the Labor-Management Reporting and Disclosure Act of

1959 [29 U.S.C. 401 et seq.].

(i) The term "State" includes a State of the United States, the

District of Columbia, Puerto Rico, the Virgin Islands, American

Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental

Shelf lands defined in the Outer Continental Shelf Lands Act [43

U.S.C. 1331 et seq.].

(j) The term "firefighter" means an employee, the duties of whose

position are primarily to perform work directly connected with the

control and extinguishment of fires or the maintenance and use of

firefighting apparatus and equipment, including an employee engaged

in this activity who is transferred to a supervisory or

administrative position.

(k) The term "law enforcement officer" means an employee, the

duties of whose position are primarily the investigation,

apprehension, or detention of individuals suspected or convicted of

offenses against the criminal laws of a State, including an

employee engaged in this activity who is transferred to a

supervisory or administrative position. For the purpose of this

subsection, "detention" includes the duties of employees assigned

to guard individuals incarcerated in any penal institution.

(l) The term "compensation, terms, conditions, or privileges of

employment" encompasses all employee benefits, including such

benefits provided pursuant to a bona fide employee benefit plan.

-SOURCE-

(Pub. L. 90-202, Sec. 11, Dec. 15, 1967, 81 Stat. 605; Pub. L.

93-259, Sec. 28(a)(1)-(4), Apr. 8, 1974, 88 Stat. 74; Pub. L.

98-459, title VIII, Sec. 802(a), Oct. 9, 1984, 98 Stat. 1792; Pub.

L. 99-592, Sec. 4, Oct. 31, 1986, 100 Stat. 3343; Pub. L. 101-433,

title I, Sec. 102, Oct. 16, 1990, 104 Stat. 978.)

-REFTEXT-

REFERENCES IN TEXT

The National Labor Relations Act, referred to in subsec. (e)(1),

is act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is

classified generally to subchapter II (Sec. 151 et seq.) of chapter

7 of this title. For complete classification of this Act to the

Code, see section 167 of this title and Tables.

The Railway Labor Act, referred to in subsec. (e)(1), is act May

20, 1926, ch. 347, 44 Stat. 577, as amended, which is classified

principally to chapter 8 (Sec. 151 et seq.) of Title 45, Railroads.

For complete classification of this Act to the Code, see section

151 of Title 45 and Tables.

The Labor-Management Reporting and Disclosure Act of 1959,

referred to in subsec. (h), is Pub. L. 86-257, Sept. 14, 1959, 73

Stat. 519, as amended, which is classified principally to chapter

11 (Sec. 401 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

401 of this title, and Tables.

For definition of Canal Zone, referred to in subsec. (i), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

The Outer Continental Shelf Lands Act, referred to in subsec.

(i), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which

is classified generally to subchapter III (Sec. 1331 et seq.) of

chapter 29 of Title 43, Public Lands. For complete classification

of this Act to the Code, see Short Title note set out under section

1331 of Title 43 and Tables.

-MISC1-

AMENDMENTS

1990 - Subsec. (l). Pub. L. 101-433 added subsec. (l).

1986 - Subsecs. (j), (k). Pub. L. 99-592 added subsecs. (j) and

(k).

1984 - Subsec. (f). Pub. L. 98-459 inserted provision defining

"employee" as including any individual who is a citizen of the

United States employed by an employer in a workplace in a foreign

country.

1974 - Subsec. (b). Pub. L. 93-259, Sec. 28(a)(1), (2),

substituted in first sentence "twenty" for "twenty-five" and, in

second sentence, defined term "employer" to include a State or

political subdivision of a State and any agency or instrumentality

of a State or a political subdivision of a State, and any

interstate agency, and deleted text excluding from such term a

State or political subdivision thereof.

Subsec. (c). Pub. L. 93-259, Sec. 28(a)(3), struck out text

excluding from term "employment agency" an agency of a State or

political subdivision of a State, but including the United States

Employment Service and the system of State and local employment

services receiving Federal assistance.

Subsec. (f). Pub. L. 93-259, Sec. 28(a)(4), excepted from the

term "employee" elected public officials, persons chosen by such

officials for such officials' personal staff, appointees on

policymaking level, and immediate advisers with respect to exercise

of constitutional or legal powers of the public office but excluded

from such exemption employees subject to civil laws of a State

government, governmental agency, or political subdivision.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-433 applicable only to any employee

benefit established or modified on or after Oct. 16, 1990, and

other conduct occurring more than 180 days after Oct. 16, 1990,

except as otherwise provided, see section 105 of Pub. L. 101-433,

set out as a note under section 623 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-592 effective Jan. 1, 1987, with certain

exceptions, but not applicable with respect to any cause of action

arising under this chapter as in effect before Jan. 1, 1987, see

section 7 of Pub. L. 99-592, set out as an Effective and

Termination Dates of 1986 Amendment note under section 623 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-459 effective Oct. 9, 1984, see section

803(a) of Pub. L. 98-459, set out as a note under section 3001 of

Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by this section in Secretary of Labor or Civil

Service Commission transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

-End-

-CITE-

29 USC Sec. 631 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 631. Age limits

-STATUTE-

(a) Individuals at least 40 years of age

The prohibitions in this chapter shall be limited to individuals

who are at least 40 years of age.

(b) Employees or applicants for employment in Federal Government

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, the prohibitions established in section

633a of this title shall be limited to individuals who are at least

40 years of age.

(c) Bona fide executives or high policymakers

(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 2-year 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,

profit-sharing, 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.

-SOURCE-

(Pub. L. 90-202, Sec. 12, Dec. 15, 1967, 81 Stat. 607; Pub. L.

95-256, Sec. 3(a), (b)(3), Apr. 6, 1978, 92 Stat. 189, 190; 1978

Reorg. Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807, 92

Stat. 3781; Pub. L. 98-459, title VIII, Sec. 802(c)(1), Oct. 9,

1984, 98 Stat. 1792; Pub. L. 99-272, title IX, Sec. 9201(b)(2),

Apr. 7, 1986, 100 Stat. 171; Pub. L. 99-592, Secs. 2(c), 6(a), Oct.

31, 1986, 100 Stat. 3342, 3344; Pub. L. 101-239, title VI, Sec.

6202(b)(3)(C)(ii), Dec. 19, 1989, 103 Stat. 2233.)

-MISC1-

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-239 struck out "(except the

provisions of section 623(g) of this title)" after "in this

chapter".

1986 - Subsec. (a). Pub. L. 99-592, Sec. 2(c)(1), which directed

that "but less than seventy years of age" be struck out was

executed by striking out "but less than 70 years of age" after "40

years of age" as the probable intent of Congress.

Pub. L. 99-272 inserted "(except the provisions of section 623(g)

of this title)" after "this chapter".

Subsec. (c)(1). Pub. L. 99-592, Sec. 2(c)(2), which directed that

"but not seventy years of age," be struck out was executed by

striking out "but not 70 years of age," after "65 years of age" as

the probable intent of Congress.

Subsec. (d). Pub. L. 99-592, Sec. 6(a), (b), temporarily added

subsec. (d) which read as follows: "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)." See Effective and Termination Dates

of 1986 Amendments note below.

1984 - Subsec. (c)(1). Pub. L. 98-459 substituted "$44,000" for

"$27,000".

Pub. L. 95-256, Sec. 3(a), designated existing provisions as

subsec. (a), substituted "40 years of age but less than 70 years of

age" for "forty years of age but less than sixty-five years of

age", added subsecs. (b) and (c), and temporarily added subsec.

(d). See Effective and Termination Dates of 1978 Amendment note

below.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 applicable to items and services

furnished after Dec. 19, 1989, see section 6202(b)(5) of Pub. L.

101-239, set out as a note under section 162 of Title 26, Internal

Revenue Code.

EFFECTIVE AND TERMINATION DATES OF 1986 AMENDMENTS

Amendment by Pub. L. 99-592 effective Jan. 1, 1987, with certain

exceptions, see section 7(a) of Pub. L. 99-592 set out as a note

under section 623 of this title.

Section 6(b) of Pub. L. 99-592 provided that: "The amendment made

by subsection (a) of this section [amending this section] is

repealed December 31, 1993."

Amendment by Pub. L. 99-272 effective May 1, 1986, see section

9201(d)(2) of Pub. L. 99-272, set out as an Effective Date of 1986

Amendment note under section 1395p of Title 42, The Public Health

and Welfare.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 802(c)(2) of Pub. L. 98-459 provided that: "The amendment

made by paragraph (1) of this subsection [amending this section]

shall not apply with respect to any individual who retires, or is

compelled to retire, before the date of the enactment of this Act

[Oct. 9, 1984]."

EFFECTIVE AND TERMINATION DATES OF 1978 AMENDMENT

Section 3(b) of Pub. L. 95-256 provided that:

"(1) Sections 12(a), 12(c), and 12(d) of the Age Discrimination

in Employment Act of 1967, as amended by subsection (a) of this

section [subsecs. (a), (c), and (d) of this section] shall take

effect on January 1, 1979.

"(2) Section 12(b) of such Act, as amended by subsection (a) of

this section [subsec. (b) of this section], shall take effect on

September 30, 1978.

"(3) Section 12(d) of such Act, as amended by subsection (a) of

this section [enacting subsec. (d) of this section], is repealed on

July 1, 1982."

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" substituted for

"Secretary", meaning Secretary of Labor, in subsec. (c)(2) pursuant

to Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92 Stat. 3781,

set out in the Appendix to Title 5, Government Organization and

Employees, which transferred all functions vested by this section

in Secretary of Labor to Equal Employment Opportunity Commission,

effective Jan. 1, 1979, as provided by section 1-101 of Ex. Ord.

No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 622, 623, 624, 633a of

this title; title 5 sections 2302, 7702; title 22 sections 3905,

4131.

-End-

-CITE-

29 USC Sec. 632 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 632. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-202, Sec. 13, Dec. 15, 1967, 81 Stat. 607;

1978 Reorg. Plan No. 1, Sec. 2, eff. Jan. 1, 1979, 43 F.R. 19807,

92 Stat. 3781, which required the Equal Employment Opportunity

Commission to submit to Congress an annual report on the

Commission's activities including an evaluation and appraisal of

the effect of the minimum and maximum ages established by this

chapter, terminated, effective May 15, 2000, pursuant to section

3003 of Pub. L. 104-66, as amended, set out as a note under section

1113 of Title 31, Money and Finance. See, also, page 123 of House

Document No. 103-7.

-End-

-CITE-

29 USC Sec. 633 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 633. Federal-State relationship

-STATUTE-

(a) Federal action superseding State action

Nothing in this chapter shall affect the jurisdiction of any

agency of any State performing like functions with regard to

discriminatory employment practices on account of age except that

upon commencement of action under this chapter such action shall

supersede any State action.

(b) Limitation of Federal action upon commencement of State

proceedings

In the case of an alleged unlawful practice occurring in a State

which has a law prohibiting discrimination in employment because of

age and establishing or authorizing a State authority to grant or

seek relief from such discriminatory practice, no suit may be

brought under section 626 of this title before the expiration of

sixty days after proceedings have been commenced under the State

law, unless such proceedings have been earlier terminated:

Provided, That such sixty-day period shall be extended to one

hundred and twenty days during the first year after the effective

date of such State law. If any requirement for the commencement of

such proceedings is imposed by a State authority other than a

requirement of the filing of a written and signed statement of the

facts upon which the proceeding is based, the proceeding shall be

deemed to have been commenced for the purposes of this subsection

at the time such statement is sent by registered mail to the

appropriate State authority.

-SOURCE-

(Pub. L. 90-202, Sec. 14, Dec. 15, 1967, 81 Stat. 607.)

-TRANS-

TRANSFER OF FUNCTIONS

Functions vested by this section in Secretary of Labor or Civil

Service Commission transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 626 of this title.

-End-

-CITE-

29 USC Sec. 633a 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 633a. Nondiscrimination on account of age in Federal

Government employment

-STATUTE-

(a) Federal agencies affected

All personnel actions affecting employees or applicants for

employment who are at least 40 years of age (except personnel

actions with regard to aliens employed outside the limits of the

United States) in military departments as defined in section 102 of

title 5, in executive agencies as defined in section 105 of title 5

(including employees and applicants for employment who are paid

from nonappropriated funds), in the United States Postal Service

and the Postal Rate Commission, in those units in the government of

the District of Columbia having positions in the competitive

service, and in those units of the judicial branch of the Federal

Government having positions in the competitive service, in the

Smithsonian Institution, and in the Government Printing Office, the

General Accounting Office, and the Library of Congress shall be

made free from any discrimination based on age.

(b) Enforcement by Equal Employment Opportunity Commission and by

Librarian of Congress in the Library of Congress; remedies;

rules, regulations, orders, and instructions of Commission:

compliance by Federal agencies; powers and duties of Commission;

notification of final action on complaint of discrimination;

exemptions: bona fide occupational qualification

Except as otherwise provided in this subsection, the Equal

Employment Opportunity Commission is authorized to enforce the

provisions of subsection (a) of this section through appropriate

remedies, including reinstatement or hiring of employees with or

without backpay, as will effectuate the policies of this section.

The Equal Employment Opportunity Commission shall issue such rules,

regulations, orders, and instructions as it deems necessary and

appropriate to carry out its responsibilities under this section.

The Equal Employment Opportunity Commission shall -

(1) be responsible for the review and evaluation of the

operation of all agency programs designed to carry out the policy

of this section, periodically obtaining and publishing (on at

least a semiannual basis) progress reports from each department,

agency, or unit referred to in subsection (a) of this section;

(2) consult with and solicit the recommendations of interested

individuals, groups, and organizations relating to

nondiscrimination in employment on account of age; and

(3) provide for the acceptance and processing of complaints of

discrimination in Federal employment on account of age.

The head of each such department, agency, or unit shall comply with

such rules, regulations, orders, and instructions of the Equal

Employment Opportunity Commission which shall include a provision

that an employee or applicant for employment shall be notified of

any final action taken on any complaint of discrimination filed by

him thereunder. Reasonable exemptions to the provisions of this

section may be established by the Commission but only when the

Commission has established a maximum age requirement on the basis

of a determination that age is a bona fide occupational

qualification necessary to the performance of the duties of the

position. With respect to employment in the Library of Congress,

authorities granted in this subsection to the Equal Employment

Opportunity Commission shall be exercised by the Librarian of

Congress.

(c) Civil actions; jurisdiction; relief

Any person aggrieved may bring a civil action in any Federal

district court of competent jurisdiction for such legal or

equitable relief as will effectuate the purposes of this chapter.

(d) Notice to Commission; time of notice; Commission notification

of prospective defendants; Commission elimination of unlawful

practices

When the individual has not filed a complaint concerning age

discrimination with the Commission, no civil action may be

commenced by any individual under this section until the individual

has given the Commission not less than thirty days' notice of an

intent to file such action. Such notice shall be filed within one

hundred and eighty days after the alleged unlawful practice

occurred. Upon receiving a notice of intent to sue, the Commission

shall promptly notify all persons named therein as prospective

defendants in the action and take any appropriate action to assure

the elimination of any unlawful practice.

(e) Duty of Government agency or official

Nothing contained in this section shall relieve any Government

agency or official of the responsibility to assure

nondiscrimination on account of age in employment as required under

any provision of Federal law.

(f) Applicability of statutory provisions to personnel action of

Federal departments, etc.

Any personnel action of any department, agency, or other entity

referred to in subsection (a) of this section shall not be subject

to, or affected by, any provision of this chapter, other than the

provisions of section 631(b) of this title and the provisions of

this section.

(g) Study and report to President and Congress by Equal Employment

Opportunity Commission; scope

(1) The Equal Employment Opportunity Commission shall undertake a

study relating to the effects of the amendments made to this

section by the Age Discrimination in Employment Act Amendments of

1978, and the effects of section 631(b) of this title.

(2) The Equal Employment Opportunity Commission shall transmit a

report to the President and to the Congress containing the findings

of the Commission resulting from the study of the Commission under

paragraph (1) of this subsection. Such report shall be transmitted

no later than January 1, 1980.

-SOURCE-

(Pub. L. 90-202, Sec. 15, as added Pub. L. 93-259, Sec. 28(b)(2),

Apr. 8, 1974, 88 Stat. 74; amended Pub. L. 95-256, Sec. 5(a), (e),

Apr. 6, 1978, 92 Stat. 191; 1978 Reorg. Plan No. 1, eff. Jan. 1,

1979, Sec. 2, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 104-1, title

II, Sec. 201(c)(2), Jan. 23, 1995, 109 Stat. 8; Pub. L. 105-220,

title III, Sec. 341(b), Aug. 7, 1998, 112 Stat. 1092.)

-REFTEXT-

REFERENCES IN TEXT

The amendments made to this section by the Age Discrimination in

Employment Act Amendments of 1978, referred to in subsec. (g)(1),

are amendments by section 5(a) and (e) of Pub. L. 95-256, which

amended subsecs. (a), (f), and (g) of this section.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-220 inserted "in the Smithsonian

Institution," before "and in the Government Printing Office".

1995 - Subsec. (a). Pub. L. 104-1 substituted "units of the

judicial branch" for "units of the legislative and judicial

branches" and inserted "Government Printing Office, the General

Accounting Office, and the" before "Library of Congress".

1978 - Subsec. (a). Pub. L. 95-256, Sec. 5(a), inserted age

requirement of at least 40 years of age, and "personnel actions"

after "except".

Subsecs. (f), (g). Pub. L. 95-256, Sec. 5(e), added subsecs. (f)

and (g).

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-220, title III, Sec. 341(d), Aug. 7, 1998, 112 Stat.

1092, provided that: "The amendments made by subsections (a), (b),

and (c) [amending this section, section 791 of this title, and

section 2000e-16 of Title 42, The Public Health and Welfare] shall

take effect on the date of enactment of this Act [Aug. 7, 1998] and

shall apply to and may be raised in any administrative or judicial

claim or action brought before such date of enactment but pending

on such date, and any administrative or judicial claim or action

brought after such date regardless of whether the claim or action

arose prior to such date, if the claim or action was brought within

the applicable statute of limitations."

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-1 effective 1 year after Jan. 23, 1995,

see section 1311(d) of Title 2, The Congress.

EFFECTIVE DATE OF 1978 AMENDMENT

Section 5(f) of Pub. L. 95-256 provided that: "The amendments

made by this section [amending this section and sections 8335 and

8339 of Title 5, Government Organization and Employees, and

repealing section 3322 of Title 5] shall take effect on September

30, 1978, except that section 15(g) of the Age Discrimination in

Employment Act of 1967, as amended by subsection (e) of this

section [subsec. (g) of this section], shall take effect on the

date of enactment of this Act [Apr. 6, 1978]."

EFFECTIVE DATE

Section effective May 1, 1974, see section 29(a) of Pub. L.

93-259, set out as an Effective Date of 1974 Amendment note under

section 202 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

"Equal Employment Opportunity Commission" substituted for "Civil

Service Commission" in subsecs. (b) and (g) pursuant to Reorg. Plan

No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92 Stat. 3781, set out in the

Appendix to Title 5, Government Organization and Employees, which

transferred all functions vested by this section in Civil Service

Commission to Equal Employment Opportunity Commission, effective

Jan. 1, 1979, as provided by section 1-101 of Ex. Ord. No. 12106,

Dec. 28, 1978, 44 F.R. 1053.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 626, 631 of this title;

title 2 section 1311; title 3 section 411; title 5 sections 2302,

7702, 7703; title 22 sections 3905, 4131; title 42 section

2000e-16b.

-End-

-CITE-

29 USC Sec. 634 01/06/03

-EXPCITE-

TITLE 29 - LABOR

CHAPTER 14 - AGE DISCRIMINATION IN EMPLOYMENT

-HEAD-

Sec. 634. Authorization of appropriations

-STATUTE-

There are hereby authorized to be appropriated such sums as may

be necessary to carry out this chapter.

-SOURCE-

(Pub. L. 90-202, Sec. 17, formerly Sec. 16, Dec. 15, 1967, 81 Stat.

608; renumbered and amended Pub. L. 93-259, Sec. 28(a)(5), (b)(1),

Apr. 8, 1974, 88 Stat. 74; Pub. L. 95-256, Sec. 7, Apr. 6, 1978, 92

Stat. 193.)

-MISC1-

AMENDMENTS

1978 - Pub. L. 95-256 struck out ", not in excess of $5,000,000

for any fiscal year," after "sums".

1974 - Pub. L. 93-259, Sec. 28(a)(5), increased appropriations

authorization to $5,000,000 from $3,000,000.

EFFECTIVE DATE OF 1974 AMENDMENT

Amendment by Pub. L. 93-259 effective May 1, 1974, see section

29(a) of Pub. L. 93-259, set out as a note under section 202 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to age discrimination administration and

enforcement vested by this section in Secretary of Labor or Civil

Service Commission transferred to Equal Employment Opportunity

Commission by Reorg. Plan No. 1 of 1978, Sec. 2, 43 F.R. 19807, 92

Stat. 3781, set out in the Appendix to Title 5, Government

Organization and Employees, effective Jan. 1, 1979, as provided by

section 1-101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

-End-