§ 631. — Age limits.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC631]
TITLE 29--LABOR
CHAPTER 14--AGE DISCRIMINATION IN EMPLOYMENT
Sec. 631. Age limits
(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.
(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.)
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.''
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.
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.