An Act to amend the Age Discrimination in Employment Act of 1967 to extend the age group of employees who are protected by the provisions of such Act, and for other purposes.
PL 95-256 (H.R.5383), enacted 04/06/1978

PUBLIC LAW 95-256—APR. 6, 1978 
92 STAT. 189 
Public Law 95-256 
95th Congress 
An Act 
To amend the Age Discrimination in Employment Act of 1967 to extend the age 
group of employees who are protected by the provisions of such Act, and for 
other purposes. 
Be it eTiacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhted, 
, s, 
SHORT TITLE 
SECTIOX 1. This Act may be cited as the "Age Discrimination in 
Employment Act Amendments of 1978". 
SENIORITY SYSTEMS AND EMPLOYEE BENEFIT PLANS 
SEC. 2. (a) Section 4(f) (2) of the Age Discrimination in Employ-
ment Act of 1967 (29 U.S.C. 623(f) (2)) is amended by inserting after 
"individual" a comma and the following: "and no such seniority sys-
tem or employee benefit plan shall require or permit the involuntary 
retirement of any individual specified by section 12(a) of this Act 
because of the age of such individual". 
(b) The amendment made by subsection (a) of this section shall 
take effect on the date of enactment of this Act, except that, in the case 
of employees covered by a collective bargaining agreement which is 
in effect on September 1,1977, which was entered into by a labor orga-
nization (as defined by section 6(d) (4) of the Fair Labor Standards 
Act of 1938), and which would otherwise be prohibited by the amend-
ment made by section 3 (a) of this Act, the amendment made by subsec-
tion (a) of this section shall take effect upon the termination of such 
agreement or on January 1,1980, whichever occurs first. 
APPLICATION o r AGE LIMITATION 
' 
" 
' 
SEC. 3. (a) Section 12 of the Age Discrimination in Employment Act 
of 1967 (29 U.S.C. 631) is amended to read as follows: 
Apr. 6, 1978 
[H.R. 5383] 
Discrimination in 
Employment Act 
Amendments of 
1978. 
29 use 621 note. 
Infra. 
* 
Effective date. 
29 use 623 note. 
29 use 206. 
" A G E 
LIMITATION 
"SEC. 12. (a) The prohibitions in this Act shall be limited to indi-
viduals who are at least 40 years of age but less than 70 years of age. 
"(b) In the case of any personnel action affecting employees or 
applicants for employment which is subject to the provisions of sec-
tion 15 of this Act, the prohibitions established in section 15 of this 
Act shall be limited to individuals who are at least 40 years of age. 
"(c) (1) Nothing in this Act shall be construed to prohibit compul-
sory retirement of any employee who has attained 65 years of age but 
not 70 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 
29 use 6338. 
92 STAT. 190 
PUBLIC LAW 95-256—APR. 6, 1978 
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 
$27,000. 
Regulations. 
"(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 bene-
fit shall be adjusted in accordance with regulations prescribed by the 
Secretary, 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. 
"(d) Nothing in this Act shall be construed to prohibit compulsory 
>
{ ,j j > 
retirement of any employee who has attained 65 years of age but not 
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 1201(a) of the 
Higher Education Act of 1965).". 
(b) (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 sec-
tion, shall take effect on January 1,1979. 
(2) Section 12(b) of such Act, as amended by subsection (a) 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, is repealed on July 1,1982. 
ENFORCEMENT PROCEDURE 
SEC. 4. (a) Section 7(c) of the Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 626(c)) is amended by inserting "(1)" after 
the subsection designation and by adding at the end thereof the fol-
lowing new paragraph: 
"(2) In an action brought under paragraph (1), a person shall be 
entitled to a trial by jury of any issue of fact in any such action for 
recovery of amounts owing as a result of a violation of this Act, 
regardless of whether equitable relief is sought by any party in such 
action.". 
(b)(1) Section 7(d) of the Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 626 (d)) is amended to read as follows: 
Filing of charges. 
"(d) No civil action may be commenced by an individual under this 
section until 60 days after a charge alleging unlawful discrimination 
lias been filed with the Secretary. Such a charge shall be filed— 
"(1) within 180 days after the alleged unlawful practice 
occurred; or 
29 use 633. 
"(2) in a case to which section 14(b) applies, within 300 days 
after the alleged unlawful practice occurred, or within 30 days 
after receipt by the individual of notice of termination of pro-
ceedings under State law, whichever is earlier. 
Notice. 
Upon receiving such a charge, the Secretary shall promptly notify 
all persons named in such charge as prospective defendants in the 
action and shall promptly seek to eliminate any alleged unlawful prac-
tice by informal methods of conciliation, conference, and persuasion.". 
29 use 626 note. 
(2) The amendment made by paragraph (1) of this subsection shall 
Effective date. 
29 use 631 note. 
Anu, p. 189. 
Effective date. 
Repeal, effective 
date. 
29 use 631. 
) ^ - l .
• 
Trial by jury. 
PUBLIC LAW 95-256—APR. 6, 1978 
92 STAT. 191 
take effect with respect to civil actions brou^t after the date of enact-
ment of this Act. 
(c) (1) Section 7(e) of the Age Discrimination in Employment Act 29 USC 626. 
of 1967 (29 U.S.C. 626(e)) is amended by inserting "(1)" after the 
subsection designation and by adding at the end thereof the following 
new paragraph: 
. , 
"(2) For the period during which the Secretary is attempting to 
effect voluntary compliance with requirements of this Act through 
informal methods of conciliation, conference, and persuasion pursuant 
to subsection (b), the statute of limitations as provided in section 6 
of the Portal-to-Portal Act of 1947 shall be tolled, but in no event for 29 USC 255. 
a period in excess of one year,". 
(2) The amendment made by paragraph (1) of this subsection shall Effective date, 
take effect with respect to conciliations commenced by the Secretary of 29 USC 626 note. 
Labor after the date of enactment of this Act. 
i 
FEDERAL GOVERNMENT 
EMPLOYMENT 
SEC. 6. (a) Section 15(a) of the Age Discrimination in Employment 
Act of 1967 (29 U.S.C. 633a (a)) is amended by inserting "who'are at 
least 40 years of age" after "applicants for employment" and by 
inserting "personnel actions" after "except". 
(b) (1) Section 3322 of title 5, United States Code, relating to tem- Repeal, 
porary appointments after age 70, is repealed. 
(2) The analysis for chapter 33 of title 5, United States Code, is 
amended by striking out the item relating to section 3322. 
(c) Section 8335 of title 5, United States Code, relating to Mandatory 
mandatory separation, is amended— 
separation. 
(1) by striking out subsections (a), (b), (c), (d), and (e) 
thereof; 
(2) by redesignating subsections (f) and (g) as subsections (a) 
and (b), respectively; and 
(3) by adding after subsection (b), as so redevsignated, the fol-
lowing new subsections: 
" (c) An employee of the Alaska Railroad in Alaska and an employee 
who is a citizen of the United States employed on the Istbnnis of 
Panama by the Panama Canal Company or the Canal Zone Govern-
ment, who becomes 62 years of age and completes 15 years of service in 
Alaska or on the Isthmus of Panama shall be automatically separated 
from the service. The separation is effective on the last day of the 
month in whicli the employee becomes age 62 or completes 15 years of 
service in Alaska or on the Isthmus of Panama if then over that age. 
The employing office shall notify the employee in writing of the date 
of separation at least 60 days in advance thereof. Action to separate the 
employee is not effective, without the consent of the employee, until the 
last day of the month in which the 60-day notice expires. 
"(d) The President, by Executive order, may exempt an employee Exemption by 
from automatic separation under this section when he detennines the President 
public interest so requires.". 
(d) Section 8339(d) of title 5, United States Code, relating to com-
putation of annuity, is amended by striking out "section 8335 (g)" and 
.? 
inserting in lieu thereof "section 8335 (b)". 
(e) Section 15 of the Age Discrimination in Employment Act of 
92 STAT. 192 
PUBLIC LAW 95-256—APR. 6, 1978 
-.dsd %y 
Ante, p. 189. 
Study. 
Report to 
President and 
Congress. 
Effective date. 
29 u s e 633a 
note. 
Supra. 
1967 (29 U.S.C. 633a) is amended by adding at the end thereof the 
following new subsections: 
"(f) Any personnel action of any department, agency, or other 
entity referred to in subsection (a) of this section shall not be subject 
to. or affected by, any provision of this Act, other than the provisions 
of section 12(b) of this Act and the provisions of this section. 
"(s)(l) The Civil Service Commission shall undertake a study 
relating to the effects of the amendments made to this section by the 
Age Discrimination in Employment Act Amendments of 1978, and 
the effects of section 12(b) of this Act, as added by the Age Discrimi-
nation in Employment Act Amendments of 1978. 
"(2) The Civil Service Commission shall transmit a report to the 
President and to the Congress containing the findings of the Commis-
sion resulting from the study of the Commission under paragraph (1) 
of this subsection. Such report shall be transmitted no later than 
January 1,1980.". 
(f) The amendments made by this section shall take effect on 
September 30,1978, except that section 15(g) of the Age Discrimina-
tion in Employment Act of 1967, as amended by subsection (e) of this 
section, shall take effect on the date of enactment of this Act. 
-
REPORT BY SECRETARY OF LABOR 
Ante, p. 189. 
Transmittal to 
President and 
Congress. 
SEC. 6. (a)(1) Section 5 of the Age Discrimination in Emplov-
ment Act of 1967 (29 U.S.C. 624) is amended by inserting "(a) (1)" 
after the section designation, and by adding at the end thereof the 
following new sentence: "Such study shall include— 
"(A) an examination of the effect of the amendment made by 
section 3(a) of the Age Discrimination in Employment Act 
Amendments of 1978 in raising the upper age limitation estab-
lished by section 12(a) of this Act to 70 years of age; 
"(B) a determination of the feasibility of eliminating such 
limitation; 
"(C) a determination of the feasibility of raising such limita-
tion above 70 years of age; and 
" (D) an examination of the effect of the exemption contained 
in section 12(c), relating to certain executive employees, and the 
exemption contained in section 12(d), relating to tenured teach-
ing personnel.". 
(2) Section 5(a) of the Age Discrimination in Employment Act of 
1967, as so redesignated by paragraph (1) of this subsection, is 
amended by adding at the end thereof the following new paragraph: 
"(2) The Secretary may undertake the study required by para-
graph (1) of this subsection directly or by contract or other 
arrangement.". 
(b) Section 5 of the Age Discrimination in Employment Act of 
1967, as amended by subsection (a) of this section, is further amended 
by addinar at the end thereof the following new subsection: 
"(b) The report required by subsection (a) of this section shall be 
transmitted to the President and to the Congress as an interim report 
not later than January 1, 1981, and in final form not later than 
January 1, 1982.". 
, 
PUBLIC LAW 95-256~APR. 6, 1978 
92 STAT. 193 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 7. Section 17 of the Age Discrimination in Employment Act of 
1967 (29 U.S.C. 635) is amended by striking out ", not in excess of 
29 USC 634. 
$5,000,000 for any fiscal year,". 
Approved April 6, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-527, pt. 1 (Comm. on Education and Labor) and No. 95-950 
(Comm. of Conference) 
SENATE REPORT No. 95-493 (Comm. on Human Resources). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): Sept. 13, 23, considered and passed House. 
Oct. 19, considered and passed Senate, amended. 
Vol. 124 (1978): Mar. 21, House agreed to conference report. 
Mar. 23, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 14, No. 14 (1978): Apr. 6, Presidential statement.