Page:United States Statutes at Large Volume 92 Part 1.djvu/243

 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.

Apr. 6, 1978 [H.R. 5383]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemhted,

Discrimination in Employment Act , s, SHORT TITLE Amendments of SECTIOX 1. This Act may be cited as the "Age Discrimination in 1978. 29 USC 621 note. Employment Act Amendments of 1978". SENIORITY SYSTEMS AND EMPLOYEE BENEFIT PLANS

SEC. 2. (a) Section 4(f)(2) of the Age Discrimination in Employment 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 system 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 organization (as defined by section 6(d)(4) of the Fair Labor Standards Act of 1938), and which would otherwise be prohibited by the amendment made by section 3(a) of this Act, the amendment made by subsection (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

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Infra.

Effective date. 29 USC 623 note.

29 USC 206.

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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: "AGE



LIMITATION

"SEC. 12. (a) The prohibitions in this Act shall be limited to individuals 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 section 15 of this Act, the prohibitions established in section 15 of this 29 USC 6338. 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 compulsory 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

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