Page:United States Statutes at Large Volume 92 Part 1.djvu/244

 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) I n 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 benefit 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).". Effective date. (b)(1) Sections 12(a), 12(c), and 12(d) of the Age Discrimination 29 USC 631 note. in Employment Act of 1967, as amended by subsection (a) of this secAnu, p. 189. tion, shall take effect on January 1, 1979. Effective date. (2) Section 12(b) of such Act, as amended by subsection (a) of this section, shall take effect on September 30, 1978. Repeal, effective (3) Section 12(d) of such Act, as amended by subsection (a) of date. this section, is repealed on July 1, 1982. 29 USC 631.

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 following new paragraph: Trial by jury. "(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 USC 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 proceedings 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 practice by informal methods of conciliation, conference, and persuasion.". 29 USC 626 note. (2) The amendment made by paragraph (1) of this subsection shall )^-l. •

�