Page:United States Statutes at Large Volume 104 Part 1.djvu/1012

 104 STAT. 978 PUBLIC LAW 101-433—OCT. 16, 1990 Public Law 101-433 101st Congress An Act Oct. 16, 1990 [S. 1511] Older Workers Benefit Protection Act. Pensions. Health care. 29 USC 621 note. To amend the Age Discrimination in Employment Act of 1967 to clarify the protections given to older individu£ds in regard to employee benefit plans, 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 "Older Workers Benefit Protection Act". TITLE I—OLDER WORKERS BENEFIT PROTECTION 29 USC 621 note. SEC. 101. FINDING. Retirement. The Congress finds that, as a result of the decision of the Supreme Court in Public Employees Retirement System of Ohio v. Betts, 109 S.Ct. 256 (1989), legislative action is necessary to restore the original congressional intent in passing and amending the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.), which was to prohibit discrimination against older workers in all employee benefits except when age-based reductions in employee benefit plans are justified by significant cost considerations. SEC. 102. DEFINITION. Section 11 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 630) is amended by adding at the end the following new subsection: "(1) The term 'compensation, terms, conditions, or privileges of employment' encompasses all employee benefits, including such benefits provided pursuant to a bona fide employee benefit plan.". SEC. 103. LAWFUL EMPLOYMENT PRACTICES. Section 4 of the Age Discrimination in Employment Act of 1967 (29 U.S.C. 623) is amended— (1) in subsection (f), by striking paragraph (2) and inserting the following new paragraph: "(2) to take any action otherwise prohibited under subsection (a), (b), (c), or (e) of this section— "(A) to observe the terms of a bona fide seniority system that is not intended to evade the purposes of this Act, except that no such seniority system shall require or permit the involuntary retirement of any individual specified by section 12(a) because of the age of such individual; or "(B) to observe the terms of a bona fide employee benefit plan— 49-139 O - 90 (433)

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