Page 145 TITLE 29—LABOR § 632

SECTION REFERRED TO IN OTHER SECTIONS

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

§ 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, §12, Dec. 15, 1967, 81 Stat. 607;

Pub. L. 95–256, §3(a), (b)(3), Apr. 6, 1978, 92 Stat.

189, 190; 1978 Reorg. Plan No. 1, §2, eff. Jan. 1,

1979, 43 F.R. 19807, 92 Stat. 3781; Pub. L. 98–459,

title VIII, §802(c)(1), Oct. 9, 1984, 98 Stat. 1792;

Pub. L. 99–272, title IX, §9201(b)(2), Apr. 7, 1986,

100 Stat. 171; Pub. L. 99–592, §§2(c), 6(a), Oct. 31,

1986, 100 Stat. 3342, 3344; Pub. L. 101–239, title VI,

§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, §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, §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, §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, §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,

§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.

§ 632. Annual report to Congress

The Equal Employment Opportunity Commission shall submit annually in January a report