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§ 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.



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