Page:United States Statutes at Large Volume 104 Part 1.djvu/1015

 PUBLIC LAW 101-433—OCT. 16, 1990 104 STAT. 981 "(A) paid to the individual that the individual voluntarily elects to receive; or "(B) for which an individual who has attained the later of age 62 or normal retirement age is eligible.". SEC. 104. RULES AND REGULATIONS. 29 USC 623 note. Notwithstanding section 9 of the Age Discrimination in Employ- ment Act of 1967 (29 U.S.C. 628), the Equal Employment Opportunity Commission may issue such rules and regulations as the Commission may consider necessary or appropriate for carrying out this title, and the amendments made by this title, only after consultation with the Secretary of the Treasury and the Secretary of Labor. SEC. 105. EFFECTIVE DATE. 29 USC 623 note. (a) IN GENERAL.— Except as otherwise provided in this section, this title and the amendments made by this title shall apply only to— (1) any employee benefit established or modified on or after the date of enactment of this Act; and (2) other conduct occurring more than 180 days after the date of enactment of this Act. (b) COLLECTIVELY BARGAINED AGREEMENTS.— With respect to any employee benefits provided in accordance with a collective bargaining agreement— (1) that is in effect as of the date of enactment of this Act; (2) that terminates after such date of enactment; (3) any provision of which was entered into by a labor organization (as defined by section 6(d)(4) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d)(4))); and (4) that contains any provision that would be superseded (in whole or part) by this title and the amendments made by this title, but for the operation of this section, this title and the amendments made by this title shall not apply until the termination of such collective bargaining agreement or June 1, 1992, whichever occurs first. (c) STATES AND POLITICAL SUBDIVISIONS. — (1) IN GENERAL.— With respect to any employee benefits provided by an employer— (A) that is a State or political subdivision of a State or any agency or instrumentality of a State or political subdivision of a State; and (B) that maintained an employee benefit plan at any time between June 23, 1989, and the date of enactment of this Act that would be superseded (in whole or part) by this title and the amendments made by this title but for the operation of this subsection, and which plan may be modified only through a change in applicable State or local law, this title and the amendments made by this title shall not apply until the date that is 2 years after the date of enactment of this Act. (2) ELECTION OF DISABILITY COVERAGE FOR EMPLOYEES HIRED PRIOR TO EFFECTIVE DATE. — (A) IN GENERAL. —An employer that maintains a plan described in paragraph (I)(B) may, with regard to disability benefits provided pursuant to such a plan— (i) following reasonable notice to all employees, implement new disability benefits that satisfy the require-

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