I
105TH CONGRESS
2D SESSION
H. R. 3473
To amend the Age Discrimination in Employment Act of 1967 to allow
institutions of higher education to offer faculty members who are serving
under a contract or arrangement providing for unlimited tenure, benefits
on voluntary retirement that are reduced or eliminated on the basis
of age, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 17, 1998
Mr. FAWELL (for himself, Mr. GOODLING, Mr. MCKEON, Mr. ANDREWS, Mr.
ROEMER, and Mr. PETRI) introduced the following bill; which was re-
ferred to the Committee on Education and the Workforce
A BILL
To amend the Age Discrimination in Employment Act of
1967 to allow institutions of higher education to offer
faculty members who are serving under a contract or
arrangement providing for unlimited tenure, benefits on
voluntary retirement that are reduced or eliminated on
the basis of age, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. VOLUNTARY RETIREMENT INCENTIVE PLANS.
(a) IN GENERAL.—Section 4 of the Age Discrimina-
tion in Employment Act of 1967 (29 U.S.C. 623) is
amended by adding at the end the following:
‘‘(m) Notwithstanding subsection (f)(2)(B), it shall
not be a violation of subsection (a), (b), (c), (e), or (i)
solely because a plan of an institution of higher education
(as defined in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a))) offers employees who
are serving under a contract of unlimited tenure (or simi-
lar arrangement providing for unlimited tenure) additional
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 elimination of benefits that are not such addi-
tional benefits, except as permitted by other provi-
sions of this Act; and
‘‘(2) with respect to each of such employees
who have, as of the time the plan is adopted, at-
tained the minimum age and satisfied all non-age-
based conditions for receiving a benefit under the
plan, such employee is not precluded on the basis of
age from having 1 opportunity lasting not less than
180-days to elect to retire and to receive the maxi-
mum benefit that would be available to a younger
employee if such younger employee were otherwise
similarly situated to such employee.’’.
(b) CONSTRUCTION.—
(1) APPLICATION.—Nothing in the amendment
made by subsection (a) shall be construed to affect
the application of section 4 of the Age Discrimina-
tion in Employment Act of 1967 (29 U.S.C. 623)
with respect to—
(A) any employer other than an institution
of higher education (as defined in section
1201(a) of the Higher Education Act of 1965);
or
(B) any plan not described in subsection
(m) of section 4 of such Act (as added by sub-
section (a)).
(2) RELATIONSHIP
TO
PROVISIONS
RELATING
TO
VOLUNTARY
EARLY
RETIREMENT
INCENTIVE
PLANS.—Nothing in the amendment made by sub-
section (a) shall be construed to imply that a plan
described in subsection (m) of section 4 of such Act
(as added by subsection (a)) may not be considered
to be a plan described in section 4(f)(2)(B)(ii) of
such Act (29 U.S.C. 623(f)(2)(B)(ii)).
SEC. 2. EFFECTIVE DATE.
(a) IN GENERAL.—This Act shall take effect on the
date of enactment of this Act.
(b) EFFECT ON CAUSES OF ACTION EXISTING BE-
FORE DATE OF ENACTMENT.—The amendment made by
section 1(a) shall not apply with respect to any cause of
action arising under the Age Discrimination in Employ-
ment Act of 1967 prior to the date of enactment of this
Act.
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