I 
108TH CONGRESS 
1ST SESSION H. R. 1893
To amend the Age Discrimination in Employment Act of 1967 with respect 
to voluntary early retirement benefits and medical benefits. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 30, 2003
Mr. PETRI (for himself, Mr. KIND, Mr. SENSENBRENNER, Mr. GREEN of Wis-
consin, Ms. BALDWIN, and Mr. RYAN of Wisconsin) introduced the fol-
lowing bill; which was referred to the Committee on Education and the 
Workforce 
A BILL 
To amend the Age Discrimination in Employment Act of 
1967 with respect to voluntary early retirement benefits 
and medical benefits.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Teacher Voluntary 
Early Retirement Incentive Act of 2003’’.
SEC. 2. GOVERNMENTAL AND HIGHER EDUCATION VOL-
UNTARY 
EARLY 
RETIREMENT 
INCENTIVE 
PLANS. 
(a) AMENDMENT.—Section 4(m) of the Age Discrimi-
nation in Employment Act of 1967 (29 U.S.C. 623) is 
amended to read as follows: 
‘‘(m) 
VOLUNTARY
RETIREMENT
INCENTIVE 
PLANS.—Notwithstanding subsection (f)(2)(b), it shall 
not be a violation of subsection (a), (b), (c), or (d) solely 
because a voluntary early retirement incentive plan main-
tained by a local educational agency (as defined in section 
9101 of the Elementary and Secondary Education Act of 
1965) or an institution of higher education (as defined in 
section 101 of the Higher Education Act of 1965), pro-
vides for supplemental benefits to an employee that are 
reduced or eliminated on the basis of the employee’s age 
at the time of such employee’s retirement, if—
‘‘(1) the employer does not implement with re-
spect to such employee any age-based reduction or 
elimination of benefits that are not such supple-
mental benefits, except as permitted by other provi-
sions of this Act; 
‘‘(2) such supplemental benefits are in addition 
to any retirement or severance benefits which have 
been offered generally to employees, independent of
any early retirement or exit-incentive plan, within 
the preceding 365 days; and 
‘‘(3) with respect to any plan supplemental ben-
efits for which an employee first becomes eligible 
after the enactment of the Teacher Voluntary Early 
Retirement Incentive Act of 2003—
‘‘(i) any employee who attains the min-
imum age and satisfies all non-age based condi-
tions for receiving a benefit under the plan has 
an opportunity lasting not less than 180 days 
to elect to retire, and the plan does not require 
retirement to occur sooner than 180 days after 
such election; and 
‘‘(ii) any employee who is not eligible to re-
ceive the maximum supplemental benefits pro-
vided under the plan because of the age of such 
employee at the time of retirement was afforded 
a reasonable opportunity to receive such max-
imum benefits at a previous time in such em-
ployee’s employment.’’. 
(b) CONSTRUCTION.—Except as otherwise provided 
in section 4(m)(3) of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 623(m)(3)), the amendment 
made by subsection (a) shall apply in determining whether 
a voluntary employee early retirement incentive plan main-
U.S.C. 1002(35) maintained by a state or an agency 
thereof shall itself be deemed to constitute a defined ben-
efit plan for purposes of subparagraph (B).’’. 
(b) RETIREE MEDICAL BENEFITS COORDINATED 
WITH MEDICARE BENEFITS.—Section 4(l) of the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 
623(l)) is amended by adding to the end the following: 
‘‘(4) It shall not be a violation of subsection (a), (b), 
(c), or (e) solely because an employee benefit plan (as de-
fined in section 3 of the Employment Retirement Income 
Security Act of 1974 (29 U.S.C. 1002(3)) provides for 
medical benefits for retired participants that are altered, 
reduced, or eliminated when the participant is eligible for 
medical benefits under title XVIII of the Social Security 
Act (42 U.S.C. 1395 et seq.) or an employee benefit plan 
maintained by a State or an agency thereof.’’. 
(c) CONSTRUCTION.—(1) The amendments made by 
subsections (a) and (b) shall apply in determining whether 
a voluntary early retirement incentive plan maintained by 
a local educational agency (as defined in Section 9101 of 
the Elementary and Secondary Education Act) or an em-
ployee benefit plan (as defined in Section 3 of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1002(3)) providing medical benefits for retired 
participants, was in violation of subsection (a), (b), (c),
or (e) of section 4 of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 623) at any time subsequent 
to January 1, 1996. 
(2) No inference may be drawn from the amendment 
made by subsection (a) as to whether a voluntary early 
retirement incentive plan maintained by a local edu-
cational agency constitutes, or at any time before or after 
the effective date of subsection (a) constituted, a defined 
benefit plan (as defined in Section 3(35) of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 
1002(35))) for any purpose, including section 4 of the Age 
Discrimination in Employment Act of 1967.
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