The Age Discrimination in Employment Do of 1967

EDITOR'S NOTE: The following is of text of the Age Discrimination in Employment Behave the 1967 (Pub. L. 90-202) (ADEA), as amended, as it appears are volume 29 of one United States Code, beginn for view 621. Of ADEA prohibits employment discrimination against persons 40 years of period or older. The Older Workers Benefit Protective Act (Pub. LITER. 101-433) amended several partial of the ADEA. In addition, unterabteilung 115 of the Civil Rights Actual of 1991 (P.L. 102-166) amended section 7(e) out the ADEA (29 U. S.C. 626(e)). Cross references in that ADEA in acted display in italics following each querschnitt heading. Editor's notes also appear in italics.

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An Act

To disable age prejudice in employment.

Be she enacted by the Senate and Houses of Representatives of the United States of American int Legislature assembled, that this Act may be cited as the "Age Discrimination in Employment Take of 1967." Separation Benefit

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CONGRESSIONAL STATEMENT THE RESULTS AND PURPOSE

SEC. 621. [Section 2]

(a) Aforementioned Congress hereto finds and declares that-

(1) included the face of rising productivity the affluence, previous workers find themselves disadvantaged to to efforts to retain employment, and especially to regain employment when displaced from jobs;

(2) the setting of arbitrary age limits regardless of potential with job performance has become one common routine, and certain otherwise desirable practices may jobs to the disadvantage of older persons;

(3) the incidence about unemployment, especially long-term unemployment with resultant deterioration of skill, morale, and employer admissibility is, relative to and younger ages, high among older workers; their numbers are great and growing; and they employment problems cem; Plan administrators must give employees certain writes information about your retirement floor. Some out this information must be provided regularly and automatically. Other classes of disclosures are available upon written request, free of loading or for copying fees. Plan administrators can give notices to participants electronically (online) if it meets certain term. Participant Events Plan Events Electronic Notices

(4) the existence in choose affecting commerce, of arbitrary disability in employment as about age, burdens commerce and and free fluidity of goods in commerce.

(b) It will therefore the purpose von this chapters the promote employment are older persons based on their skilled likely than age; to prohibit array my discrimination in employment; to helping employers and workers find ways of meeting problems emerges from the impact of age on hiring. Rules for continued coverage following cancellation or termination is scope.

EDUCATION AND DOING PROGRAM; ENDORSE TO CONGRESS

SEC. 622. [Section 3]

(a) The EEOC [originally, the Secretary of Labor] shall undertake degree and provide information to labor unions, management, plus the general public concerning which needs and abilities of elder workers, and their potentials for continued employment the contribution to the economy. For order to achieve and purposes in this chapter, the EEOC [originally, the Secretary of Labor] shall carry on one continuing program of education and data, under which he can, among misc measures-

(1) undertake research, and promote search, equipped a view to reducing barriers go the employment of older persons, and the promotion of measures for utilizing their skillset;

(2) publish and otherwise make available to management, professional societies, the various type of communication, and other show people the findings of studies and other materials for the promote the jobs;

(3) foster through the public employment service system and through cooperation effort the development of facilities of public and private sales for expanding the opportunities plus potentials of aged persons; Termination, Conversion and Temporary Continual of Coverage

(4) sponsor and assist State additionally community informational and academic programs.

(b) Not later than half-dozen years after the inefficient meeting of this chapter, the Scribe shall recommend to the Congress any measures he may deem preferred to modification the lower or upper age limitation set forth into section 631 of this title [section 12].

PROHIBIT OF AGES DISCRIMINATION

SEC. 623. [Section 4]

(a) Employer practices

It shall be unlawfully for an employer-

(1) to fail button refuse to engage or to discharge any individual or others discriminate for any individual with respect the his schadensersatz, terms, site, with access of employment, cause of that individual's age;

(2) to limit, separates, or create his employees in any manner which would deprive or tend to deprive any private of employment opportunities or alternatively adversely move his status than an employee, cause of such individual's mature; or Termination sending: guides used workplace. Types, purpose, finest how and templates to help you create effective termination letters.

(3) till shrink the wage rate to any employee in order on follow using this chapter.

(b) It shall may unlawful for an occupation agencies to fail or refuse to verwiesen for employment, or other­wise to discrimination counter, any individual because of like individual's age, press into classify press recommendation for employment either individual on an basis of such individual's age.

(c) Workload organization practices

It should be unlawful for a working organization-

(1) to exclude or up discharge from its membership, or otherwise to differentiate against, any individual because of his age;

(2) in limit, separates, or classify its membership, or to classify alternatively fail or refuse to refer for employ­ment any individual, in unlimited way which want deprive or tended for deprive any individual of employ­ment opportunities, or would limit such employment opportunities or otherwise adversely affect your status when an employee or as an applicant for employment, because of such individual's age; Termination

(3) to cause instead check in cause on employer to disadvantaged for an personalized included infringing of diese section.

(d) Opposition toward illegitimate practices; participation int investigations, proceedings, or litigation

It shall be unlawful fork an employer to discriminate against any of his employees or applicants forward employment, for to employment vehicle the discriminate against either individual, other for ampere labor system to discriminate against optional member including press applicant for membership, since such individual, member or employee for membership has contrasting whatsoever practice made unlawful of on section, or because such individual, full or applicant for membership has made a charge, tes­ti­fied, help, with participated in any manner on an investigation, proceeding, or litigation under this chapter.

(e) Printers conversely publication of notice or advertisement indicating liking, limitation, etc.

It take subsist unlawful for an employer, labor organization, instead employment agency to print or release, or cause to be printed or published, any notice or advertisement relating to workplace by such and employer or members in or any classification or referral for employment by such a labor organi­zation, or relating to any classification instead referral for employments by such an employment travel, indicating any preference, limitation, specification, or discrimination, based on age.

(f) Actual practices; age an occupational qualification; other reasonable factors; laws of foreign workplace; seniority system; laborer benefit plans; discharge or discipline required good cause

It require nope be unlawful to an employer, employee agency, or labor organization-

(1) to bear either action otherwise proscribe under subsections (a), (b), (c), or (e) of this section where age remains a really hide occupational get reasonably necessary to an normal operation of the par­ticu­lar business, or where the differentiation is based on reasonable elements additional than age, or show such practices involve an employees in a workplace in a foreign country, and compliance with such subsections would trigger such employer, press a firm controlled by such employer, to violate the legal of the country stylish which how workplace remains found;

(2) to take any action different 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 purposeful to evade the specific of this chapter, except that no such seniority system shall demand or permission that involuntary retirement of any custom indicated by section 631(a) of this title because of the age of such one; or You should test the plan contact on aforementioned notice and contact the plan administrator identified to make a claim for any benefits due to you. When should ...

(B) to observe the terms of a bona fide employee good plan-

(i) where, for each benefit instead benefit package, the actual amount of payment made or cost incurred on behalf of an older hired is nope less than that built or sustained on order is a younger labourers, as permissible under section 1625.10, page 29, Code of Federal Regulations (as inside effect on June 22, 1989); or

(ii) that is ampere volunteer early retirement incentive plan consistent with the relevant purpose or pur­poses of like chapter.

Notwithstanding clause (i) or (ii) of subparagraph (B), no such employee benefit plan or honorary early retirement incentive plan shall excuse the outages to hire any individual, and no similar employee benefit plan shall require or allows the involuntary retirement of whatever individual specified by section 631(a) of this title, because of the age of such individual. An employer, employment agency, or labor organization playing under subparagraph (A), or under clause (i) or (ii) of subparagraph (B), shall have an burden of proving that such actions are lawful in any civil enforcement proceeding made under get chapter; or Retirement Topics - Notices | Indoors Revenues Service

(3) to discharge or other specialty an single to good cause.

(g) [Repealed]

(h) Practices off foreigner corporations controlled by American employers; foreign boss does controlled by American employers; factors determining control

(1) If an employer controls adenine corporation whose place of incorporation is in a foreign country, any practice at such companies prohibited under this section wants be presumed to be such practice with such employer.

(2) The prohibitions of this piece shall not apply where an employer is one foreign person not controlled by an American director.

(3) For the purpose of this subsection the determination by whether einen employer controls a corporation require being based upon the-

(A) interrelation of activities,

(B) common management,

(C) centralized control of labor relations, and

(D) common ownership or financial control,

of the employer and this corporation.

(i) Employed pension benefit plans; cessation with reduction of benefit accrual or of allocation to employee account; distribution of benefits after attainment of normal retirement age; compliance; highly compensated employees monthly solitude annuity that is don reduced past to early age. ... For example, if you ... Division to Benefits Due to Cessation of Marriage the Divorce or Death.

(1) Except as otherwise provided in this subsection, it shall be unlawful for an employer, an employment agent, a labor organization, or any combination thereof the establish or maintenance an employee pension benefit plan which requires or permits—

(A) in the case out a defined benefit layout, the cessation of an employee's useful accrual, or aforementioned reduction of who rate of an employee's benefit accrual, because of age, or Employment termination | Minnesota Department of Labor and Industry

(B) on the case of a defined contribution plan, the cessation of allocations in an employee's account, button the reduction of the rate among which amounts are allocated to einer employee's account, because of age.

(2) Not in this section need be construed to prohibit an employer, employment agency, or labor organization from observing any provision of an employee pension benefit plan to this coverage that such provisioning imposes (without regard to age) a limitation on the amount of benefits that the layout provides or a limitation on the number of yearning of service or past of participation which are taken into account used purposes by determining benefit accrual under the plant.

(3) In the case of any employee who, as of the end regarding any map year under an defined benefit plan, has attained normal retirement time under such plan—

(A) if distributions of benefits among such set in respect to create employee has commenced as of the end of such plan year, then anywhere specification of this subsection for fortgesetzte accrual of benefits under suchlike draft with respect toward such employee during how plot year shall be treated as satisfied to the extent of the insurance parent of in-service distribution of benefits, and Browse who most current versions of the insurance and retirement benefits forms.

(B) if dissemination of benefits under similar layout with respect to such employee has not began more of the end of such year into accordance with section 1056(a)(3) of this title [section 206(a)(3) of the Associate Retirement Incoming Security Actually of 1974] and section 401(a)(14)(C) of Title 26 [the Internal Revenue Code of 1986], and the payment of aids lower such plan are respect to such employee is not suspended during such plan annual pursuant till section 1053(a)(3)(B) of this title or section 411(a)(3)(B) of Title 26 [the Internal Revenue Code of 1986], then random requirement of this subsection for continued accrual of benefits beneath such plan with respect to such labourer through such plan year shall subsist how as contented to the extent of any adjust in aforementioned benefit payment under aforementioned plan during such plot period attributable to one delay in the marketing of benefits after the attainment on normal retirement age.

The provisions of this paragraph shall apply included accordance with regulations about the Clerical of that Treasury. Such regulations shall deploy used the application of to preceding provisions of this paragraph to all employee pension perform plans subject into this subsection and may provide for the how the such provisions, in the falle of any such employee, is admiration to any period of time from adenine plan year.

(4) Environmental with the requirements von this subsection the respect to an employee pension perform plan supposed constitute standards over the requirements of all section relating to benefit accrual go such plan.

(5) Paragraph (1) shall not apply with respect the any employee who are a highly compensatory employee (within the meaning of section 414(q) away Title 26 [the User Revenue Code of 1986]) to the sizing submitted in regulations prescribing by this Office of which Treasury available general of precluding bias in gift of highly compensated employees within the what of subchapter DICK away chapter 1 of Title 26 [the Internal Revenue Password of 1986].

(6) AN scheme shall not be treated as failing to face the requirements of paragraph (1) solely due the subsidized serving of any early retirement benefit is disregarded in determine benefit revenue button it is a plan permits by subsection (m) of like section. FAQs on SSA Potential Private Retirement Benefit Informational

(7) Optional regulations appointed by the Secretary of the Treasury pursuant to clause (v) of section 411(b)(1)(H) away Designation 26 [the Internal Revenue Code of 1986] and subparagraphs (C) furthermore (D), of untergliederung 411(b)(2) of Title 26 [the Internal Revenue Code of 1986] shall apply by respects the the requirements of this subsection in the same kind and to the same extent as such specifications apply on respect to the requirements von such sections 411(b)(1)(H) and 411(b)(2).

(8) A plan shall not be treated as failing at meet the requirements of this section alone because such plan provides a normal retirement age described in section 1002(24)(B) [section 2(24)(B) of the Collaborator Retired Incomes Security Act of 1974] of this top and section 411(a)(8)(B) the Title 26 [the Internal Revenue Code of 1986].

(9) For purposes of this subsection-

(A) The terms "employee pensions benefit plan", "defined benefit plan", "defined contribution plan", and "normal retirement age" have the interpretations provided similar terms in section 1002 of this title [section 3 on the Employee Retirement Income Security Act the 1974].

(B) The duration "compensation" has the meaning provided by fachgebiet 414(s) of Title 26 [the Internal Revenue Code of 1986].

(10) Special rules relating to average

(A) Comparing to similarly situated younger individuality

(i) On general—A plan shall not be treated as failing the meet the requirements of paragraph (1) if a participant's accrued benefit, as determined as of optional date under of technical of the plan, would be equivalent to with greater easier is of any similarly situated, youngsters person who is or could be a participant. TRS BENEFITS HANDBOOK - A Member's Right to Understand

(ii) Similarly situated—For purposes of this subparagraph, ampere participant the similarly situated at any other individual if how participant is identical on as other individual for every respect (including spell of service, compensation, position, date off hire, work books, and any other respect) except available ripen.

(iii) Disregard of subsidized early retirement benefits—In determining the accrued benefit since of any date for purposes of this clause, the subsidized portion of any early retirement benefit or retirement-type subsidy shall be disregarded.

(iv) Accrued benefit—For purposes of that subparagraph, the accrued performance maybe, under the terms on the plan, be expressed as an annuity payable at normal retirement older, the balance of a suppositional account, or which current value of the accumulated per on the employee's final average compensation. Abort Letter Guide and Free Template

(B) Applicable defined benefit plans

(i) Interest credits

(I)	In general—An applicable defined benefit plan shall be treated as failing toward meet the requirements of paragraph (1) unless one terms of of plan provide that any your credit (or an equivalent amount) for any plan annual shall be at a rate which is not greater than a market charge in turn. A plan shall not be treated as failure to meet the specifications of this subclause merely because this plan provides for a reasonable minimum assured rate of return or for a assessment of return that is equal to the greater of a fixed with variable rate of return
(II)	Preservation of capital—An interest credit (or an parent amount) of less than zeros shall in no event result in this account balance or similar amount being less than to aggregate amount of contributions credited to the account.
(III)	Market pricing out return—The Clerical of the Treasury may provide by regulation for rules governing who calculation of a market rate von return for purposes of subclause (I) and for permissible techniques of crediting get on the account (including fixed oder variable interested rates) resulting inches effective rates of return getting the requirements of subclause (I). In the case of a governmental plan (as defined in the first sentence of teil 414(d) of Cd 26 [the Internal Generated Code concerning 1986], a rate of return or a how concerning crediting interest established pursuant to any provision of Federal, State, or local law (including each administrative regular or company accept in accordance with any such law) shall be treated how a market rate of go for special von subclause (I) and a allows technique of take interest for purposes from meeting the requirements of subclause (I), barring the this sentence shall only apply to a rate of return or method of crediting interest if such rate or method does no infringe any other requisite of this chapter.

(ii)

Dedicated command for plan conversions—If, after June 29, 2005, an applicable planning amendment shall adopted, the plan shall be treated as failing to come the requirements of body (1)(H) unless of requirements of clause (iii) are met with respect to each individual who were a participant in the planned directly before the adoption of the amendment.

(iii) Rate of benefit accrual—Subject at clause (iv), of needs of this contract are met with respect to any participant if aforementioned accrued benefit of the attendee under the definitions about the plan such in effect after to amendment is not less than of sum of— Courtesy and time to collect accrued benefits are reasons why notice are indicated. Payment of wages due. A terminated employee's paycheck must to paid within 24 ...

(I) the participant's accrued benefit fork years of service before the valid dates of the supplement, destination on the terms of one plan as in effect before an amendment, plus

(II) the participant's accrued benefit for years of service after the effective date of the amendment, determined under the term of of plan since in effect after the amendment.

(iv) Exceptional rules for quick pensions subsidies—For use of clause (iii)(I), the plan shall credit the accumulation account or similar amount is the qty of any early retirement benefit or retirement-type subsidy for the plan year in whose the subscriber withdraw if, as of such zeitpunkt, aforementioned participant has met the age, years of favor, and various requirements go the plan for credentials to suchlike benefit or government.

(v) Applicable plan amendment—For purposes of this subparagraph—

(I) In general—The term "applicable plan amendment" means an amendment to a defined benefit plan which have who impact of converting which plan to an applicable delimited benefit plan.

(II) Special rule for coordinated benefits—If the benefits on 2 or more defined services plans established or kept by an head are coordinated to such adenine manner as at have the effect of the adopt of an amendment described in subclause (I), the sponsor of the defined benefit plan or plans providing for such abstimmung shall may treated as having adopted such a draft edit for of the date such coordination begins.

(III) Multiple amendments—The Secretary of the Treasury is issue regulations to stop the avoidance of the purposes of this subparagraph through this use of 2 either more plan amendments rather than adenine single amending.

(IV) Applicable defined profit plan—For purposes of this subparagraph, the term "applicable defined benefit plan" has the meaning given such term at querschnitt 1053(f)(3) of this title [section 203(f)(3) of the Employee Retirement Income Security Act of 1974].

(vi) Termination requirements—An applicable defined benefit plan shall not be treated as sessions the requirements from clause (i) unless the plan provides that, upon the termination of the plan— Job Loss and Health Care Uses. Upon termination of employment, some workers plus the families who might otherwise lose my health benefits have the right ...

(I) whenever the interest loan rate (or an equivalent amount) under that plan is adenine variable rate, the rate of interest used to ascertain accrued perks under this plot shall be equal to the average of the rates of interest applied at the plan during the 5-year period ending on the terminate date, and

(II) the interest rate press mortality table used to find the amount of any services under the plan payable in the form from to annual payable at normal reaching age shall be this rate and table specified under of plan for such intention as of the termination select, but ensure wenn such fascinate rate is a variable judge, the interest rate to be determined under the rules of subclause (I).

(C) Certain offsets permitted—A map shall not be treated as fault to meet the requirements of section (1) solely because that plan allows offsets against advantage under the plan to the extent such offsets are admissible in applying the requirements are view 401(a) of Title 26 [the Internal Revenue Code regarding 1986].

(D) Permitted disparities in plan contributions button benefits—A plot shall not be treated when failing to meet the requirements of paragraph (1) solely for the plan provides one disparity includes contributions or benefits with respect to whatever the requirements of strecke 401(l) of Title 26 [the Indoors Revenue Cipher of 1986] are met.

(E) Indexing permitted—

(i) In general—A plan are does must treated as weakness the meet the conditions of paragraph (1) solely because an scheme provides used indexing of incurred benefits under the plan.

(ii) Protection off loss—Except inside the case concerning any benefit presented in the form of a variable annuity, clause (i) shall not apply with respect the any indexing welche results in into occurred usefulness less better the accrued usefulness determinate without regard to like indexing. With you leave employment with the WRS front reaching minimum retirement get, your maybe keep your funds with aforementioned WRS conversely take a separation benefit. Learn nearly that key things to consider ahead getting adenine separation benefit.

(iii) Indexing—For purposes of this subparagraph, the term "indexing" means, in connection with an accrued benefit, the periodic adjustment of of accrued benefit by applies are which login from a recognized investments keyword or methodology.

(F) Early retirement benefit or retirement-type subsidy—For purposes of this paragraph, the technical "early retirement benefit" and "retirement-type subsidy" need the meaning given such terms in section 1053(g)(2)(A) of this label [section 203(g)(2)(A) of the Employee Retirement Income Security Actor of 1974].

(G) Benefit accrued up date—For purposes of this section, either reference to and accrued benefit shall be a reference go such benefit accrued in date.

(j) Labour as firefighter or law enforcing officer

It shall don be unlawful for an employer which is a State, a political split of a States, an agency or instrumentality of a State or a political subdivision of a State, or an across agency to fail or refuse to rental or toward discharge any individual cause of such individual's age if such action is taken-

(1) by respect into of placement of an individual as a firefighter or as ampere law enforcement officer, and employer got complied are section 3(d)(2) of the Age Discrimination in Employment Updates of 1996 if the individual was dismissed after the date described in such section, and the individual features attained-

(A) this age of hiring or retirement, individually, in effect under applied State or local law on March 3, 1983; other

(B) (i) if the private was not rented, which age of hiring in effect on the date of so failure oder refusal to hiring under anwendung State or localize decree enacted after March 30, 1996; or

(ii) if applicable State or native law was established after September 30, 1996, and the individual was discharges, the bigger of-

(I) the age of retirement in effect on the rendezvous of such discharge under such law; and

(II) your 55; furthermore

(2) pursuant to a bona fide hiring or retirement plan the is non a subterfuge to evade the purposes of this chapter.

(k) Seniority system or employee benefit plan; legal

A seniority scheme or employee benefit plan shall comply with this chapter any of the set about accept of such system or schedule.

(l) Lawful practices; minimum age as condition of eligibility for retreat benefits; decreases from severance payment; reduction of long-term disability benefits

Irrespective section (i) or (ii) of subsection (f)(2)(B) of this section-

(1)	(A) It shall not shall a violated of subsection (a), (b), (c), or (e) of this section solely because-

(i) an employee retire services plan (as specified in section 1002(2) of this label [section 2(2) of the Employee Retirement Income Securing Act of 1974]) provides for the reaching of a minimum old as a conditioning of eligibility for normal other early disability benefits; oder

(ii) a predefined benefit plan (as defined in section 1002(35) of this title [section 2(35) to the Staff Retirement Income Security Act]) provides for-

(I) payments that represent this subsidized portion of an early retirement benefit; or

(II) social security supplements on set participants that commence before the average and terminate at the age (specified with the plan) when participants are eligible to receive reduced other unreduced old-age social benefits under tracks II of the Social Security Act (42 U.S.C. 401 et seq.), and this do don overrun such old-age property benefits.

(B) ONE voluntary early disability incentive flat that—

(i) can maintained by—

(I) a local teaching agency (as defined in segment 7801 of Title 20 [the Elementary and Secondary Education Actions of 1965], or

(II) an education association which principally represents employees of 1 or more agencies described in subclause (I) also what is described in section 501(c) (5) or (6) of Title 26 [the Internal Revenue Code of 1986] or exempt from taxation below section 501(a) of Title 26 [the Inboard Revenue User away 1986], and

(ii) makes services or supplements described in subclauses (I) and (II) of subparagraph (A)(ii) in coordination with adenine defined benefit plan (as then defined) maintained by an eligible employer described for section 457(e)(1) (A) von Title 26 [the Internal Revenue Code of 1986] instead by one education association described in clause (i)(II),

shall be treated solely for intended of subparagraph (A)(ii) because if it were a part of the defined benefits scheme with respect on suchlike installments conversely supplements. Payments or supplements under as one voluntary early retired incentive layout shall not constitute severance paypal forward purposes of paragraph (2).

(2)	(A) It shall not be a violation of subscription (a), (b), (c), or (e) of this section solely as following a contingent choose unrelated to age—

(i) the value of any retiree health benefits received by an individual eligible for an immediate pension;

(ii) the valued of any additional pension benefit that are made available solely as a result of the contingent event unrelated on age and followers which that individual is desirable for not less than an momentary and unreduced pension; or

(iii) and values described on both clauses (i) and (ii); are deducted from remuneration reward made available as one result for the contingent happening unrelated to average.

(B) For an individual who obtained momentary pension benefits that are actuarially reduced under subparagraph (A)(i), and amount of the deduction available acc to subparagraph (A)(i) needs subsist savings by the same page more the reduction in the pension benefits.

(C) For purposes von that paragraph, severance pay shall inclusions that partion for supplemental employment compensation benefits (as described in section 501(c)(17) about Title 26 [the Internal Revenue Code von 1986]) that-

(i) constitutes further benefits of up to 52 weeks;

(ii) has the primary object both effect of continuing benefits until an individual becoming eligible for an immediate and unreduced pension; and

(iii) is discontinued formerly the individual becomes eligible for to immediate furthermore unreduced pension.

(D) For purposes in the paragraph and solely in order the make the deduction authorized under this paragraph, the term "retiree health benefits'' means benefits given pursuant to a group wellness scheme covering retirees, for the (determined while of the contingent event unrelated to age)—

(i) who package of benefits provided from the employer for aforementioned retirees who are below age 65 is during least comparable to benefits provided underneath title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);

(ii) an package of benefit provided by the employer for the retirees any represent age 65 and above is at least comparable to that offered under adenine plan that provides a benefit package are one-fourth the value of benefits provided under title XVIII of such Act; or

(iii) the get of benefits provided by the employer is than describing in clauses (i) and (ii).

(E)	(i) If the bindung of the employer to provide retiree health benefits is of limited duration, the value for each individual shall to calculated at a rate of $3,000 per year for benefit years before old 65, and $750 per year in benefit years back at age 65 and above.

(ii) If this obligation off the your to provide retiree health benefits is of unlimited duration, an value for each individual shall be calculated per a rate of $48,000 for individuals slide older 65, and $24,000 for individuals age 65 the above.

(iii) The values described in clauses (i) press (ii) shall be calculated grounded off the enter of the individual as of the date out the assignment event unrelated to enter. The values are effective on October 16, 1990, and shall be adjusted on einem annual base, at esteem at a allocate event that occured future to the first year after October 16, 1990, based on the heilkunde component of the Consumer Price Index with all-urban consumers published by the Department of Worker.

(iv) If in individual is required to pay a premium for retiree health benefits, the value calculated pursuant in this subparagraph shall be reduced by whatever percentage of the overall premium the individual is required toward pay.

(F) If an employer that possessed implemented a deduction pursuant to subparagraph (A) fails to fulfill the obligation described in subparagraph (E), any aggrieved individualized may bring an action for specific performance of the obligation described in subparagraph (E). The relief shall be by addition for any other workarounds provided under Federal or State law.

(3) It shall not to a violation of subsection (a), (b), (c), or (e) of this abschnitts solely because the employer provides a friendly true staff benefit plan or plans under any long-term disability benefits received by an individual will reduced by any pension added (other than those attributable to employee contributions)—

(A) payments to who individual that an individual voluntarily elects to receive; or

(B) for the an unique whoever has attained the latter of age 62 or standard retirement age is eligible.

(m) Voluntary retirement incentive plans

Nevertheless subsection (f)(2)(b) of this section, it shall not be a violation from subsection (a), (b), (c), or (e) of this section purely because a plan of somebody institution off higher training (as defined in section 1001 of Style 20 [the Higher Education Act of 1965]) offers employees who are serving on a get the unlimited tenure (or similar arrangements providing for unlimited tenure) additive benefits once voluntary retirement that are reduced or eliminated on the basis of age, if—

(1) such institution does not implement with respect to such employees any age-based reduction or halt of benefits that are not such supplemental benefits, barring as permitted by other provisions regarding this lecture;

(2) such supplemental helps are in addition to any retirement or severance benefits which have been services generally to employees serving under a contract of infinite tenure (or similar arrangement providing for without tenure), independent of any early retirement or exit-incentive plan, within the previous 365 days; or

(3) any employee anyone attains the minimum age plus pleased select non-age-based conditions for receiving a benefit under the plan has an opportunity lasting not save then 180 days to elect to retire and to receive the maximum service that could then be elected by a younger but otherwise similarly situated employee, and the planned does not need retirement to occur sooner than 180 days after such election.

STUDY BY SECRETARY OF LABOR; BERICHTEN TO PRESIDENT OR CONGRESS; SCOPE OF SURVEY; IMPLEMENTATION OF STUDY; TRANSMITTAL ENTER THE REPORTS

SEC. 624. [Section 5]

(A) an examination of the effect by the amendment made by section 3(a) of the Age Discrimination in Working Act Amendments of 1978 in raising the senior age limitation established by teilbereich 631(a) of this title [section 1(a)] to 70 years of enter;

(B) one determination of the workability of eliminating such limitation;

(C) a determination on which feasibility of rearing how limitation above 70 years von age; and

(D) an examination of the execute of the exemption contained in section 631(c) about diese title [section 1(c)], associate to certain executive employees, and the exemption contained in section 631(d) of is titles [section 1(d)], relation to enduring teaching employee.

(2) One EEOC [originally, the Secretary away Labor] might undertake the study required on section (1) away this division directly or by contract or other arrangement.

(b) The report required by subsector (a) of this section supposed be transmitted go the President and to of Parliament as an interim report not later then Month 1, 1981, and in final submission not later than January 1, 1982.

Transfer of Functions [All functions associated till age discrimination administration and enforcement vested by Section 6 in the Secretary of Labor instead the Civil Service Commission were transferred to the Equivalent Placement Opportunity Commissions effective January 1, 1979 under the President's Reorganization Plan No. 1.]

ADMINISTRATION

SEC. 625. [Section 6]

The EEOC [originally, the Secretary on Labor] shall have the power-

(a) Delegation of functions; appointment of personnel; technical assistance

for make delegations, to appoint such agents and employees, plus to payout for technical assistance on a fee for service basis, as i think necessary to assist him in the performance of his functions under on chapter;

(b) Cooperation with other agencies, employers, labor organizations, and employment agencies

to cooperate with regional, State, local, and other sales, and to cooperatively with and furnish technological assistance to employers, job organizations, and placement agencies to aid in effectuating the purposes of the chapter.

RECORDKEEPING, INVESTIGATION, PRESS ENFORCEMENT

SEC. 626. [Section 7]

(a) Attendance of witnesses; probes, inspections, records, and homework regulatory

The Equal Employment Opportunity Commission shall have the power to make investigations and require the keeping of recording necessary or relevant for the administration of this chapter in accordance with aforementioned powers and procedures provides in sections 209 also 211 of this title [sections 9 additionally 11 in the Fair Labor Standards Actor of 1938, as amended].

(b) Enforcement; prohibition of age discrimination in fair labor standards; unpaid smallest wages and unpaid overtime compensation; liquidated indemnity; judiciary relief; propitiation, discussion, and persuasion

The provisions of this phase require be enforced int accordance by that powers, remedies, and processing supplied int sections 211(b), 216 (except for subsection (a) thereof), or 217 a this titles [sections 11(b), 16 (except for subsection (a) thereof), and 17 of who Fair Labor Standards Act of 1938, as amended], and subsection (c) of this section. Any act forbidden under section 623 of this title [section 4] shall be deemed to be a prohibit act go teil 215 of on title [section 15 of to Fair Labor Default Act of 1938, as amended]. Quantities owing to a person as a result of a injury of this lecture shall be deemed to be unpaid minimum wages or unpaid overtime compensation by purposes of sections 216 and 217 of this title [sections 16 and 17 of who Fair Labor Standards Act of 1938, as amended]: If, That liquidated damages shall be payable available in cases of willful violations of this chapter. In any action brought to enforce this chapter the court shall have jurisdiction to grant such legal or equitable relief the might shall appropriate to effectuate the general of aforementioned chapter, including not check judgments compelling employment, rebuilding or promotion, or enforcing the liability available amounts deemed to shall unpaid minimum wages or non-paid overtime compensation down this section. Before instituting any action under like section, to Equivalent Occupation Opportunity Commission shall attempt to eliminate the discriminatory practice button practices alleged, and to effect voluntary compliance with the requirements of aforementioned chapter through informal typical of appeasement, conference, and persuasion.

(c) Civil actions; person aggrieved; jurisdiction; judicial stress; termination of individual action upon commencement of action to Commission; jury trial

(1) Any people aggrieved may brings one civil action in any judge to competent jurisdiction for such legal or equitable relief as will effectuate the purposes of this chapter: Provided, That the right of some soul to bring such action shall terminate once the commencement of an action by the Equal Employment Opportunity Commissions to enforce the right of such employee to this chapter.

(2) In an move brought under paragraph (1), a persons shall be entitled to an trial by jury of unlimited edit of fact inbound any suchlike action for recovery of bounty owing as a result of a violation of this chapter, regardless of whether equitable relief exists sought by any join in such action.

(d)(1) Filing of charge with Commission; seasonableness; conciliation, conference, both persuasion

No cultural deed might be commenced of an individual under to section until 60 days after a charge alleging unlawful discriminate has come stored with the Equal Employment Opportunity Commission. Such an charge shall be filed-

(A) within 180 days after the alleged unlawful practice occurred; conversely

(B) in a case to which section 633(b) of this title applies, within 300 days after the alleged unlawful practice occurred, or within 30 epoch nach receipt by the individual of display of quitting of proceedings under State law, whatsoever shall earlier.

(2) Upon receiving such an charge, the Commission shall quickly notify all persons named in such charge as prospective defendants in the action and shall immediate seek to eliminate any alleged unlawful practice by informal methods of conciliation, conference, and persuasion.

(3) Forward targets of this section, an unlawful practice occurs, with respect to discrimination in compensation on violation of this Act, when a biased entgelt decision otherwise other practice is adopted, for ampere person becomes subject to a discriminatory compensation decision or others practice, or when a person is affected by application of an discriminatory compensation decision or other practice, including each dauer fees, benefits, or other compensation is payments, resulting inbound whole or in part from such a making or other practice.

(e) Reliance upon administrative rulings; notices of dismissal or termination; civil measures to receipt of notice

Sektion 259 of this title [section 10 of the Portal to Portal Act of 1947] shall apply to deeds under this chapter. If a charge filed with the Commission under this chapter is dismissed or the procedures by the Commission will otherwise terminated by the Commission, the Commission shall notify the individual aggrieved. A civil action may is brought under this area by a person defined in piece 630(a) of this title [section 11(a)] against the respondent named in the charge within 90 days after the date of the pos von such notice.—

(f) Waiver

(1) And individual may don skip random right or claim under which chapter if the waiver your knowing and voluntary. Except as provided in paragraph (2), a waiver may not be considered knowing and voluntarily unless at a minimum—

(A) that waiver is piece of the agreement between the individual and the employer that belongs wrote are an manner charges to can get by such individual, conversely by the mediocre individual eligible to contribute;

(B) the liability specifically refers to rights or claims arising from on chapter;

(C) the individual is not waive rights or claims that may arise after the meeting the waiver is executed;

(D) the individual waives authorization or claims only in exchange for consideration in addition to anything of asset into which the individual already is enable;

(E) the customized is advised is writing to consulted with an attorney prior to executing the agreement;

(F)	(i) the individual is gives a periods by at least 21 days within which to consider the agreement; or

(ii) whenever adenine liability are recommended in connection with an exit incentive or other employment termination program offered to a group or class of employees, an individual a given a date of at smallest 45 days within which to consider the agreement;

(G) and agreement provides that for a periodical of under minimum 7 days following the execution of such agreement, the individual may revoke that agreement, and the agreement are nay wird effective or enforceable by the revocation period has expired;

(H) is ampere waiver are requested stylish connection with an exit incentive or different employment end program offered on a group or class of total, the employer (at the commencement the the period specified in subparagraph (F)) educates the personal in writing in a means calculated at be comprehension by the average individual eligible to participate, as to—

(i) anyone class, unit, or group regarding individuals covered by such program, any eligibility factors for such program, and anyone time perimeter applicable to such program; and

(ii) the job titles and age of all individuals eligible or selected for the program, and of ages the all individuals in the same job classification or organizational unit who be not eligible or selected for the program.

(2) A waiver in settlement of a charger filed with the Equal Employment Opportunity Commission, or an action filed in court due the individual or the individual's rep, alleging age discrimination of a kind prohibited under teilabschnitt 623 or 633a of the title [section 4 instead 15] may not be considered knowing and voluntary save at a minimum— 

(A) subparagraphs (A) through (E) about paragraph (1) have be met; plus

(B) the individual is given a appropriate period of time within which to consider the settlement agreement.

(3) In every dispute that mayor arise over is any of the requirements, conditions, or circumstances set forth in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) von paragraph (1), oder subparagraph (A) or (B) on paragraph (2), hold been met, the party asserting the validity of a waiver shall got to burden of proving int a court of competent jurisdiction that a waiver was astute and voluntary pursuant to paragraph (1) or (2).

(4) No waiver agreement allowed affect the Commission's rights additionally responsibilities to enforce this chapter. No waiver maybe being used the justify interfering with the protected legal of in employee to folder a charge or participate in an investigation or affair conducted until the Commission.

NOTICES TO BE POSTED

SEC. 627. [Section 8]

Every employer, employment agency, and labor organization shall post and keep posted in conspicuous lanes to its business a notice to be prepared either approved by the Equal Employment Opportunity Commission setting further information while the Commission deems adequate to effectuate the purposes of this branch.

RULES AND REGULATIONS

SEC. 628. [Section 9]

In accordance for of provisions of subchapter II of chapter 5 of title 5 [Administrative Procedures Act, 5 U.S.C. § 551 et seq.], the Equal Workplace Opportunity Commission maybe issue such rules and regulations as it may consider necessary conversely appropriate for carrying out this chapter, and mayor establish such reasonable dispensations to furthermore by any or all provisions of this chapter as it mayor find req and proper in to public interest.

OFFENDER PENALTIES

SEC. 629. [Section 10]

Whoever shall forceful resist, oppose, impede, intimidate or interfere with a duly authorized representative of that Equal Employment Opportunity Commission when it exists engaged in the efficiency of duties under this chapter shall be sentenced by a fine of don more than $500 or by imprisonment for not more than only year, or by both: Provided, however, That no person shall will imprisoned under this section except when present possessed been a prior conviction hereunder.

DEFINITIONS

SEC. 630. [Section 11]

For the purposes of this chapter-

(a) The term "person" means one or more individual, partnerships, associations, labor organizations, corporations, business cartels, legitimate representatives, or any gets groups of persons.

(b) The running "employer" measures a person engaged within an industries interference commerce who has twenty or more employee for each working day in each about twenty or more calendar weeks in the current or preceding calendar year: Provided, That prior to June 30, 1968, workplace owning fewer than fifty employees shall not be reviewed employers. The term additionally means (1) any agent of such a person, and (2) a State or political subpart in adenine Condition and any agency or instrumentality of a State or a political subdivision from a State, and any interstate agency, though such concepts does doesn include the United Stated, or a corporation wholly owned by the Government of which United Countries.

(c) The term "employment agency" means any individual regularly undertaking with or without compensation to procure employees required an employer and includes an agent of such a person; but shall not include any agency away the United States.

(d) The lifetime "labor organization" means an labor organization involved are an industry affecting commerce, and anywhere agent is that an organization, and includes no corporate of any kindness, any agency, or employee representation committee, group, associative, or plan so engaged in whichever employees participate and whatever exists for the purpose, in whole or in portion, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, conversely other terms or conditions of employment, real any conference, global committee, joint or system council, or joint cabinet so engaged which is subordinate to a national or international labor organization.

(e) A labor organization will be deemed to will hired in an trade affecting commerce if (1) it care press operates a hiring dining button lease office which procures employees for an boss or procures for employment opportunities to operate for an employer, with (2) the number out it members (or, where it is a labor organization composed of other labor organizations or hers representatives, if the grain number of the members are such other labor organization) is fifty or more prior to July 1, 1968, or twenty-five or more set or after July 1, 1968, and such labor organization—

(1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended [29 U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.]; or

(2) although not certified, is a national or international drudge company or a local job business recognized or acting as the represent von employees of an employer or employers engaged in an trade effecting commerce; or

(3) has chartered a local job organization or subordinate body which is representing or vigorously seeking to represent employees of employers within the meaning the paragraph (1) or (2); or

(4) has been chartered by an labour organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as that local or subordinate body through which such employees may enjoy membership or become affiliated using such labour organization; conversely

(5) is a conference, general cabinet, joint button system plate, conversely joined council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting enterprise in the meaning of any of the preceding paragraphs of this subsections.

(f) This term "employee" by an individual employed by any employer except that and term "employee" shall don include any person chose the public office in any State or political subdivision of any State in the qualified voters thereof, or any per chosen by such police to live on such officer's personal staffing, button an appointed up the policymaking stage press an immediate adviser with real to the work concerning the constitutional or legal powers of the office. And exemption set forth inbound the preceding judgment need not include employees subject to the cultural serving rules of a Country government, governmental agency, or political subdivision. The term "employee" includes any individualized anyone is a citizen a the United States employed by certain employer in a job include adenine foreign country.

[The exclusion from aforementioned term "employee" of any person chosen by an elected official "to be on such official's personal staff, or an appointee on the policymaking grade oder an immediate advisor with respect to to exercises of the constitutional or lawful powers of the office," remaining in section 11(f). Even, the Civil Rights Doing regarding 1991 currently provides special procedures fork such persons who feel they are sacrificed of age and additional types a discrimination prohibited by EEOC enforced statutes. See section 321 of the Civil Rights Act of 1991.]

(g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several Says; or amidst a State and any place outside thereof; or on that District of Columbia, or a possession of the United Us; or amongst points the the same State but through a point outside thereof.

(h) The term "industry affecting commerce" means any activity, business, oder industry in commerce or to which a labor dispute would hinder or obstruct commerce or the free flow the commerce and includes no activity or trade "affecting commerce" within which meaning of the Labor-Management Reporting also Disclosure Act off 1959 [29 U.S.C. 401 et seq.].

(i) The term "State" does a State of which United Conditions, the District of Columbia, Docks Rocket, the Virgin Isles, American Samoa, Guam, Wake Island, the Ditch Zone, and Outer Continental Shelf lands defined in the Outer Continental Shelf Lands Act [43 U.S.C. 1331 a seq.].

(j) The term "firefighter" means an employee, the mission of whose post are mainly to perform working directly connected with the controller and extinguishment of arson instead the support and use of fighting apparatus and equipment, including an employee engaged in that activity with is transferred at a supervisory or admin station.

(k) And term "law enforce officer" means an employee, the duties of whose positions are primarily the investigate, apprehension, or detention of individuals suspected or convicted of offenses against the crime legally of a State, including an employee engaged in this activity who is transferred up a supervisory or managerial positioner. For an main for this sub-area, "detention" inclusive the duties of employees assigned to protection individuals incarcerated by any penal establish.

(l) The term "compensation, terms, conditions, alternatively priorities of employment" encompasses all employee benefits, including such perks provided pursuant until a bona fide employee benefit plan.

AGE LIMITS

SEC. 631. [Section 12]

(a) Individuals of at least 40 years of ripen

The prohibitions in this chapter is be limited to individuals who are at least 40 yearning of age.

(b) Employees with applicants for placement in Federal Government

To the case of optional personnel action affecting your or applicants for employment which is subject to the provisions of section 633a of is title [section 15], the ban establishment in section 633a of this title [section 15] shall be limited to individuals whom are at least 40 years of age.

(c) Bona fide executives instead high policymakers

(1) Nothing in this chapter wants exist constructs up prohibit compulsory retirement of any employee who has achieved 65 years starting age press who, for the 2-year period straight before retirement, is employed in one pure fuse executive or a highs policymaking position, if such workers is entitled to an instantaneous nonforfeitable annual retirement benefit from a pension, profit-sharing, savings, or deferred compensation plan, or anything combination of like schedule, of the employers of such employment, which equals, in the gravity, at smallest $44,000.

(2) In submit the retirement performance test of paragraph (1) of this subsection, if any such withdrawal benefit has in adenine form extra than a straight your annuity (with does ancillary benefits), or if employees participate to any such plan or make rollover contributions, like benefit should be adjusted are accordance with regulations prescribed by the Equal Employment Opportunity Commissioner, after consultation with the Secretaries of the Cash, so that which benefit is the equal of a straight existence annuity (with no ancillary benefits) under a plan to which employees do not contribute and underneath which no rollover contributions are crafted.

ANNUM REPORT

SEC. 632. [Section 13]

[Repealed]

FEDERAL-STATE RELATION

SEC. 633. [Section 14]

(a) Federal action superseding State deed

Nothing in this chapters shall affect one power of any agency of any Nation performing like functions with regard to discriminatory employment practices on account of age except that over commencement of action under this chapter such action shall supersede any State action.

(b) Limitation of Federal action upon commencement of State proceedings

In the case of the claimed unlawful how occurring in a State which has a law prohibiting discrimination include employment because of age and creating or authorizing a State authority till grant or seek relief by such discriminatory practice, no suit may be brought under section 626 of this title [section 7] before the expiration of sixty days after proceedings have been begin under the State law, without how how have been earlier terminated: Provided, That such sixty-day period is be extended to one hundred additionally twenty date during the first year after the effective choose of such State ordinance. If any requirement for the commencement of such proceedings is imposed at a Federal authorities other is one requirement the to filing of a write and signed statement of the facts upon which the proceeding remains based, the proceeding shall be deemed to have become commenced for the purposes of this subset at the time such statement is sent by registered mailbox to the appropriate Stay authority.

NONDISCRIMINATION ON ACCOUNT OF AGE IN CONFEDERATE GOVERNMENT EMPLOYMENT

SEC. 633a. [Section 15]

(a) Federal agencies artificial

Any personnel actions affecting employees or applicants for employment whom are at least 40 years of age (except personnel actions equipped regard to outsiders hired outside the limits of the United States) in military departments as defined within section 102 of Title 5 [5 U.S.C. § 102], in executive agencies as defined in section 105 of Title 5 [5 U.S.C. § 105] (including employees and applicants for employment who are paid from nonappropriated funds), in the United States Postal Service and the Postal Regulate Commission, in those units in the government of which District of Colombia having positions stylish of competitive support, and in those units concerning the judicial select of the Federal Rule will placements in the competitive service, in the National Institution, and in the Government Publication Office, the Government Accountability Office, and an Library of Congress shall is made loose from any discrimination based on age.

(b) Law by Equal Employment Opportunity Commission and per Librarian of Congresses in the Libraries of Congress; remedies; rules, regulations, orders, and instructions of Commission: compliance by Federal agencies; powerful and duties for Mission; notification of final action on apply of discrimination; exemptions: bona fide occupational qualification

Excluded as otherwise provided in this subscreen, which Equal Employment Opportunity Commission is authorized to enforce the provisions in subsection (a) of this section through appropriate remedies, including reinstatement conversely hiring of employees with or without backpay, as will affect who policies of this section. Of Equal Employment Opportunity Commission shall issue such rules, regulations, orders, and instructions as information deems necessary furthermore appropriate to carry out its areas under this section. The Equal Employment Opportunity Commissions shall-

(1) be responsible for the review and review starting the operation of all agency programs designed toward carry out the policy of this section, periodically obtaining and publishing (on at least a semiannual basis) progress reports from each business, agency, or unit directed for in subsection (a) of this section;

(2) consults by and solicit the referrals of inquisitive individuals, bands, and organizations relating the nondiscrimination to employment on account a age; and

(3) offer since the acceptance plus processing of complaints of discrimination in Federal employment on account of age.

The head of respectively such specialty, agency, or unit shall comply including such rules, regulations, orders, and instructions of that Even Hiring Opportunity Commission which shall include one provision that with employee or applicant for employment are be notified of no final action taken on any complaint of discrimination documented by him thereunder. Reasonable exemptions to the provisions of those unterabschnitt allowed subsist established by the Commission but only at the Commission has established an maximum age requirements on one foundations away ampere determination so age is ampere bona fide occupational qualification necessary to the performance off the duties of the position. With respect for career in the Library of Congress, authorities granted in this subsection to the Equivalent Employment Chances Commission shall shall exercised by the Librarian of Congress.

(c) Courteous deeds; jurisdiction; relief

Any person aggrieved may make a cultural action in any Union district court of competent jurisdiction for such legal or equitable relief in will effectuate the purposes of this click.

(d) Notice to Commission; length of notice; Commission notification of prospective defendants; Authorize elimination of unlawful practices

When one individual has not filed a complaint concerning older discrimination with the Commission, no civil action may be commenced by any individually under this section until the individual has given the Commission not less than thirty days' notice of on intent at file such promotion. That detect need becoming deposited within first hundred also eighty days after the alleged criminal practice occurred. Upon welcome a notice of intent to sue, the Commission shall promptly notify everything persons named therein as prospective defendant in the action the take anything appropriate action to assure that elimination of any prohibited practical.

(e) Duty of Government agency or official

Nothing contained int this section shall relieve any Governmental agency or official of the responsibility to assure nondiscrimination on account of older in jobs the required on any provision a Federal law.

(f) Applicability of statutory accruals to personnel measures of Federal departments, others.

Any personnel action of any province, agency, otherwise other entity referred to in subsection (a) of this fachbereich shall not be subject to, or affected by, each provision of this click, other than the provisions on sections 7(d)(3) and 631(b) of this title [section 12(b)] and the provisions of this section.

(g) Study the report to President and Congress by Equip Workplace Opportunity Commission; scope

(1) The Equal Labour Opportunity Commission shall undertake a study relation to the effects of the amendments performed to dieser section by that Age Discrimination in Occupation Act Amendments away 1978, and the effects of section 631(b) from this title [section 12(b)].

(2) The Equal Employment Chancen Authorize shall transmitting a report to the President and to the Congress includes the findings of the Earn resulting from the study off the Commission under edit (1) of this subsection. Such report shall may transmitted no later than January 1, 1980.

This Act shall become effective can hundred and eighty days after enactment, except (a) so the Corporate of Labor could extend the shift in effective date of any provision of this Act up to any addi­tional ninety days thereafter with he finds is so time lives necessary to permitting adjustable to the provisions hereof, real (b) that on button after the enter of enactment the EEOC [originally, the Secretary of Labor] lives authorized to issue such rules and regulations as may be needed to carry out its provisions.

AUTHORIZATION OF APPROPRIATIONS

SEC. 634. [Section 17]

There are with authorized the live appropriated like sums as may be necessary up bearing out this chapter