Age Discrimination in Employment Amendments of 1986
PL 99-592 (H.R.4154), enacted 10/31/1986

100 STAT. 3342 
PUBLIC LAW 99-592—OCT. 31, 1986 
Public Law 99-592 
99th Congress 
An Act 
Oct. 31, 1986 
[H.R. 4154] 
Age 
Discrimination 
in Employment 
Amendments of 
1986. 
29 u s e 621 note. 
Ante, p. 171. 
Ante, p. 171. 
State and local 
governments. 
29 u s e 623 and 
note. 
To amend the Age Discrimination in Employment Act of 1967 to remove the 
maximum £ige limitation applicable to employees who are protected under such 
Act, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Age Discrimination in Employment 
Amendments of 1986". 
SEC. 2. AMENDMENTS RELATING TO MAXIMUM AGE. 
(a) COVERAGE UNDER GROUP HEALTH PLANS.—Subsection (g)(1) of 
section 4 of the Age Discrimination in Employment Act of 1967 (29 
U.S.C. 623(g)(1)), as added by section 116(a) of the Tax Equity and 
Fiscal Responsibility Act of 1982, is amended by striking out 
"through 69" each place it appears and inserting in lieu thereof "or 
older". 
(b) TECHNICAL AMENDMENT.—Subsection (g) of section 4 of the Age 
Discrimination in Employment Act of 1967, as added by section 
802(b)(2) of the Older Americans Act Amendments of 1984, is 
amended by striking out "(g)(1)" and inserting in lieu thereof 
"(h)(1)". 
(c) REMOVAL OF MAXIMUM AGE LIMITATION.—Section 12 of the Age 
Discrimination in Employment Act of 1967 (29 U.S.C. 631) is 
amended— 
(1) in subsection (a) by striking out "but less than seventy 
years of age", and 
(2) in subsection (c)(1) by striking out "but not seventy years of 
age, . 
SEC. 3. EMPLOYMENT AS FIREFIGHTER OR LAW ENFORCEMENT OFFICER. 
(a) GENERAL RULE.—Section 4 of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 623) is amended by adding at the 
end thereof the following new subsection: 
"(i) It shall not be unlawful for an employer which is a State, a 
political subdivision of a State, an agency or instrumentality of a 
State or a political subdivision of a State, or an interstate agency to 
fail or refuse to hire or to discharge any individual because of such 
individual's age if such action is taken— 
"(1) with respect to the employment of an individual as a 
firefighter or as a law enforcement officer and the individual 
has attained the age of hiring or retirement in effect under 
applicable State or local law on March 3,1983, and 
"(2) pursuant to a bona fide hiring or retirement plan that is 
not a subterfuge to evade the purposes of this Act.". 
(b) TERMINATION PROVISION.—The amendment made by subsec-
tion (a) of this section is repealed December 31,1993. 
PUBLIC LAW 99-592—OCT. 31, 1986 
100 STAT. 3343 
SEC. 4. DEFINITIONS. 
Section 11 of the Age Discrimination in Employment Act of 1967 
(29 U.S.C. 630) is amended by adding at the end thereof the following 
new subsections: 
"(j) The term 'firefighter' means an employee, the duties of whose 
position are primarily to perform work directly connected with the 
control and extinguishment of fires or the maintenance and use of 
firefighting apparatus and equipment, including an employee en-
gaged in this activity who is transferred to a supervisory or adminis-
trative position. 
"(k) The term 'law enforcement officer' means an employee, the 
duties of whose position are primarily the investigation, apprehen-
sion, or detention of individuals suspected or convicted of offenses 
against the criminal laws of a State, including an employee engaged 
in this activity who is transferred to a supervisory or administrative 
position. For the purpose of this subsection, 'detention' includes the 
duties of employees assigned to guard individuals incarcerated in 
any penal institution.". 
SEC. 5. STUDY AND PROPOSED GUIDELINES RELATING TO POLICE 29 USC 622 note. 
OFFICERS AND FIREFIGHTERS. 
(a) STUDY.—Not later than 4 years after the date of enactment of 
this Act, the Secretary of Labor and the Equal Employment Oppor-
tunity Commission, jointly, shall— 
(1) conduct a study— 
(A) to determine whether physical and mental fitness 
tests are valid measurements of the ability and competency 
of police officers and firefighters to perform the require-
ments of their jobs, 
(B) if such tests are found to be valid measurements of 
such ability and competency, to determine which particular 
types of tests most effectively mesisure such ability and 
competency, and 
(C) to develop recommendations with respect to specific 
standards that such tests, and the administration of such 
tests should satisfy, and 
(2) submit a report to the Speaker of the House of Repre- Reports, 
sentatives and the President pro tempore of the Senate that 
includes— 
(A) a description of the results of such study, and 
(B) a statement of the recommendations developed under 
paragraph (1)(C). 
(b) CONSULTATION REQUIREMENT.—The Secretary of Labor and the 
Equal Employment Opportunity Commission shall, during the con-
duct of the study required under subsection (a) and prior to the 
^ < 
development of recommendations under paragraph (1)(C), consult 
with the United States Fire Administration, the Federal Emergency 
Management Agency, organizations representing law enforcement 
officers, firefighters, and their employers, and organizations rep-
resenting older Americans. 
(c) PROPOSED GUIDEUNES.—Not later than 5 years after the date of 
the enactment of this Act, the Equal Emplo5rment Opportunity 
Commission shall propose, in accordance with subchapter II of 
chapter 5 of title 5 of the United States Code, guidelines for the 5 USC 551. 
administration and use of physical and mental fitness tests to 
measure the ability and competency of police officers and fire-
fighters to perform the requirements of their jobs. 
71-194 0 - 89 - 33 : QL. 3 PartA 
100 STAT. 3344 
PUBLIC LAW 99-592—OCT. 31, 1986 
20 u s e 1141. 
29 u s e 631 and 
note. 
eontracts. 
29 u s e 624 note. 
Reports. 
29 u s e 623 note. 
SEC. 
6
. 
SPECIAL 
RULE 
FOR 
TENURED 
FACULTY. 
(a) SPECIAL RULE.—Section 12 of the Age Discrimination in 
Employment Act of 1967 (29 U.S.C. 631) is amended by adding at the 
end thereof the following new subsection: 
"(d) Nothing in this Act 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 (EIS defined by section 1201(a) of the Higher Edu-
cation Act of 1965).". 
Ot)) TERMINATION PROVISION.—The amendment made by subsec-
tion (a) of this section is repealed December 31,1993. 
(c) STUDY REQUIRED.—(1) The Equal Employment Opportunity 
Commission shall, not later than 12 months after the date of enact-
ment of this Act, enter into an agreement with the National Acad-
emy of Sciences for the conduct of a study to analyze the potential 
consequences of the elimination of mandatory retirement on institu-
tions of higher education. 
(2) The study required by paragraph (1) of this subsection shall be 
conducted under the general supervision of the National Academy 
of Sciences by a study panel composed of 9 members. The study 
panel shall consist of— 
(A) 4 members who shall be administrators at institutions of 
higher education selected by the National Academy of Sciences 
after consultation with the American Council of Ekiucation, the 
Association of American Universities, and the National Associa-
tion of State Universities and Land Grant Colleges; 
(B) 4 members who shall be teachers or retired teachers at 
institutions of higher education (who do not serve in an 
administrative capacity at such institutions), selected by the 
National Academy of Sciences after consultation with the 
American Federation of Teachers, the National Education 
Association, the American Association of University Professors, 
and the American Association of Retired Persons; and 
(C) one member selected by the National Academy of 
Sciences. 
(3) The results of the study shall be reported, with recommenda-
tions, to the President and to the (Dongress not later than 5 years 
after the date of enactment of this Act. 
(4) The expenses of the study required by this subsection shall be 
paid from funds available to the Equal Employment Opportunity 
Commission. 
SEC. 7. EFFECTIVE DATE; APPLICATION OF AMENDMENTS. 
(a) IN GENERAL.—Except as provided in subsection (b), this Act 
and the amendments made by this Act shall take effect on Janu-
ary 1, 1987, except that with respect to any employee who is subject 
to a collective-bargaining agreement— 
(1) which is in effect on June 30,1986, 
, 
. 
(2) which terminates after January 1,1987, 
' 
'^' 
(3) any provision of which was entered into by a labor 
organization (as defined by section 6(dX4) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 206(dX4)), and 
(4) which contains any provision that would be superseded by 
such amendments, but for the operation of this section. 
PUBLIC LAW 99-592—OCT. 31, 1986 
100 STAT. 3345 
such amendments shall not apply until the termination of such 
collective bargaining agreement or January 1, 1990, whichever 
occurs first. 
O
o
) EFFECT ON EXISTING CAUSES OF ACTION.—The amendments 
made by sections 3 and 4 of this Act shall not apply with respect to 
any cause of action arising under the Age Discrimination in Employ-
ment Act of 1967 as in effect before January 1,1987. 
29 use 621 note. 
Approved October 31, 1986. 
LEGISLATIVE HISTORY—H.R. 4154: 
HOUSE REPORTS: No. 99-756 (Comm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 132 (1986): 
Sept. 23, considered and passed House. 
Oct. 16, considered and passed Senate, amended. 
Oct. 17, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): 
Nov. 1, Presidential statement.