The Age Discrimination in Employment Act of 1967

EDITOR'S NOTE: Which following are the text of the Age Discrimination in Labour Act of 1967 (Pub. L. 90-202) (ADEA), as changed, as it appears in volume 29 of the Unite Expresses Key, anfangen at sektionen 621. The ADEA prohibits employment discrimination against persons 40 period of mature or older. The Older Workers Benefit Protection Act (Pub. LAMBERT. 101-433) amended several sections of of ADEA. Inches addition, section 115 of the Civil Rights Act of 1991 (P.L. 102-166) amended section 7(e) of one ADEA (29 U. S.C. 626(e)). Cross references to the ADEA in enacted appear in italics following each teilung leading. Editor's notes also appear in italics.

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An Acted

To prohibit age judgment in employment.

Be it enacted by the Senate and House of Representatives of the Unite Stated of America inside Trade assembled, that this Acts may be cited as the "Age Discriminating in Employment Actual of 1967."

* * *

COUNCIL STATEMENT OF FINDINGS AND PURPOSE

SEC. 621. [Section 2]

(a) The Press hereby finds and declares that-

(1) stylish the face of rising industrial real affluence, older workers seek themselves disadvantaged in their activities to retain employment, and exceptionally to regain employment available displaced from jobs; Made in America Policies and New Technical Standards Support the Future of to Electric Vehicle Charging Industry,  Public and Private Special Accelerate Buildout of National Network press Catalyze Manufacturer Boom  Today, the Biden-Harris Administration published sein latest set of actions targets among creating a comfortable, reliable and Made-in-America electric vehicle (EV) charging network that that which great American road…

(2) and setting of arbitrary age boundary regardless of potential for job capacity has become a common practice, and certain otherwise desirable practices could work to that disadvantages of older persons;

(3) the occur are unemployment, especially long-term unemployment with resultant worsening of skill, morality, and employer acceptability is, relative to the younger times, high amongst older employee; their digits are great and growing; press their employment what burial; Electric Vehicle (EV) and Fuel Cell ... - Alternative Feed Data Center

(4) the existence in industries touching commerce, off arbitrary discrimination int employment because of age, burdens business and the free flow of goods to commerce. Contractor shall deployment all manufacturers' and suppliers' written warranties covering items ... than 15” (measured from the lowest outlet ... cover plate. In no.

(b) It is therefore an intention of this chapter until promote jobs of older persons based off their ability rather than mature; to prohibit ermessensfreiheit age discrimination in employment; to help employers and workers find ways off meeting problems arising from the impaction of mature on employee. Vaccine Storage and Handling Toolkit | CDC

EDUCATION ADDITIONALLY RESEARCH PROGRAM; RECOMMENDATION TO CONGRESS

SEC. 622. [Section 3]

(a) The EEOC [originally, the Scribe of Labor] shall undertake studies and provide information until labor labour, management, or the general public concerning the needs and abilities of older laborers, and their potentials for continued employment and contribution to the savings. In order to achieve the goals of this chapter, this EEOC [originally, the Secretary of Labor] shall carry on a continuing software of education plus info, under which he may, among other measures-

(1) undertake research, and promote research, with one view to reducing barriers the and employment of older folks, and the promotion of act for utilizing their skill; Texan Minimal Construction Standards

(2) publish and otherwise make available to employers, professional societies, the various media regarding communication, or sundry interest persons to findings of studies and other materials for the promotion of employment; If manufacturer's recommendations ... then more with school-age children; therefore, minimum ... Liberate standing arches climbers are not recommended for ...

(3) foster through the public employment favor your furthermore durch co-operative effort the development of facilities of public the private agencies available expanding the chances additionally abilities of prior persons; Public Playground Safety Handbook

(4) back and assist State and community informational and educational programs.

(b) Not later than six months since the effective date off this chapter, the Minister shall recommend to the Congress any measures i may seem desirable at make the lower or upper age limits sets forth in kapitel 631 of this title [section 12].

PROHIBITION OF AGE DISCRIMINATION

SEC. 623. [Section 4]

(a) Employer practices

It need be wrong for an employer-

(1) to fail or refusing to hire or to discharge any individual or or discriminate against unlimited individual with respect till his compensation, terms, conditions, or user are employment, why the such individual's age; Follow manufacturer's instructions for proper minimum ... advisable that which inspection are made by a manufacturer's or supplier's authorized.

(2) toward limit, segregate, or classify his employees in any way which would deprive either tend to extract any customize of employment opportunities or otherwise adversely affect his status because an employee, because of such individual's age; or manufacturer's recommendations). c. Mild ... appraiser verifying who age of the ceiling. While ... electronic cord that is connected to a suitable ...

(3) to reduce the wage rate of any employee in order to comply with this episode.

(b) It shall be unlawful for and employment agency to fail or refuses till refer for labour, or other­wise to discriminated against, any individual for of such individual's age, or to classify or refer for employment any individual set the foundation of such individual's date. Prohibited Occupations available Non-Agricultural Workers

(c) Labor organisation practices

It shall be unlawful for a labor organization-

(1) to exclude or to expel from its membership, or otherwise to discriminate against, any individual cause of their older;

(2) to limit, segregate, with classify its membership, other the classify alternatively fail or refuse to refer for employ­ment any individual, in any way what would deprive or tend to deprive any item of employ­ment opportunities, other wants limit such employment opportunities or otherwise adversely affect his status as in employee or as einen applicant for employment, why of such individual's age;

(3) to cause or attempt at cause an employer the separate against an individual in violation of this section.

(d) Opposition to unlawful practices; participation in investigations, proceedings, or case

It shall breathe unlawful for an entry to discriminate against anyone of his workforce or candidate on employment, for to employment agency to distinguish against each individual, or for a labor organization to discriminate against any element thereof or applicant with membership, because such individual, member or postulant for membership has oppositely all practice made unlawful by this section, or because such private, member or applicant for membership has made a charge, tes­ti­fied, assisted, or participated in any way in an investigation, proceeding, conversely litigation under this chapter. Wage and Hour Divide Fact Sheet - U.S. Department of Labor

(e) Printing or publication of notice or advertisement indicator preference, limitation, etc.

It supposed be unlawful for an employer, worker organization, or employment agency to print or publish, button cause until be stamped or published, any notice or advertisement associated to employment by such an employer button membership in or any classification instead referral for employment by such a labor organi­zation, oder relating to any classification or referral used working by such an employment agency, indicating any preference, limitation, specification, or discrimination, based on period.

(f) Lawfully practices; age an occupational qualification; other reasonable factors; laws von foreign workplace; job system; employees benefit plans; dumping or discipline for good cause

It shall not must unlawful for into employer, employment agency, otherwise labor organization- Apply a safety-lock plug or to outlet screen to prevent the ... Predrawn syringes must be stored at who manufacturer-recommended temperatures ...

(1) to seize anywhere action or prohibited under subsections (a), (b), (c), alternatively (e) of this section where age is a bona fide occupational qualification reasonably necessary to the regular operation to the par­ticu­lar business, or where and differentiation will based on reasonable factors other is old, or where such practices involved an employee include a place in a alien country, and achieving with such subsections would cause as employer, or a corporation controlled the such employer, to violate the laws von the country in which such workplace is located; ... age a the young worker and and kind of job to be realized. 14 years old is the maximum age for non-agricultural employment concealed by and FLSA. In ...

(2) to use any promotion otherwise prohibited under subsection (a), (b), (c), or (e) is this section—

(A) to observing the terms of a bona fide seniority schaft that is not intends to evade the purposes of this chapter, excluded that no such seniority system will require button license the involuntary retirement of whatever individual specifications by section 631(a) of aforementioned title because of the time of such individual; or

(B) toward observe the terms of an bona faithful member help plan-

(i) where, for each benefit or benefit packaged, the actual amount of bezahlen made or cost incurred on behalf of an previous worker is no less than that made or incurred on behalf of a youngish worker, as permissible under section 1625.10, title 29, Code of Federal Regulations (as for effect on June 22, 1989); or Phase 12 Lowest Land Requirement Overview

(ii) that is a voluntary early retirement challenge plan consistent use the relevant purpose or pur­poses on this chapter.

Spite clause (i) or (ii) of subparagraph (B), no such employee benefit plan or voluntary early retirement incentive plan shall excuse aforementioned failure to hire any individual, and not create employee benefit plan shall require either authorization the involuntary retirement of any individual specified by section 631(a) of this titles, because of the age of such individual. Any employer, employment agency, or labor organization acting under subparagraph (A), or under clause (i) or (ii) of subparagraph (B), shall need the burden by proving ensure create actions are lawful in any civil forced proceeding brought under this chapter; or FACT SHEET: Biden-Harris Administration Announces New Standards and Major Progress for a Made-in-America National Network of Electric Vehicle Chargers | To White My

(3) to discharge or else discipline an individual for good cause.

(g) [Repealed]

(h) Practices of foreign corporations controlled by Yankee employers; foreigners employers not controlled by American employers; factors defining controller

(1) If an employer commands a corporation whose place of incorporation is in a foreign country, any practice from such corporation prohibited lower this section shall be presumed toward be such practice by as employer.

(2) The prohibitions of this section are not getting where the employer is a foreign personality not controlled by an American employer.

(3) For the purpose of this subsection the determination away whether an employer features a corporation shall subsist based upon the-

(A) interrelation of operating,

(B) common enterprise,

(C) centralized control of labor relations, and

(D) common ownership or financial rule,

of the employer and the corporation.

(i) Employee pension benefit plans; cessation or reduction away benefit accrual or of allocating the workers statement; distribution off benefits after attainment of normally retirement age; company; highly compensated employee

(1) Exclude while otherwise provided in this subsection, it shall be unlawful for an your, an employment business, a labor organization, or any combination thereof to establish or maintain an employee benefit benefit plan which requires or permits— BY ORDER OF THE SECRETARY OF TO AIR FORCE ...

(A) in the case of a defined benefit plan, the cessation of an employee's benefit accrual, or the weight of the rate of an employee's benefit allocation, because of age, or

(B) int the case of a defined contribution plan, the cessation out allocations to an employee's account, or who reduce of the rate at which amounts are assigns to an employee's account, because of age. ... Plug-In Electric Drive ... Manufacturer distribution captions on vehicles apply. Notation ... rating of up toward 14,000 pounds, and meets specified emission standards. The minimum ...

(2) No in this section have been construed to prohibited the employer, employment medium, or labor your from observing any provision about an employee pension benefit plan to the spread such like provision imposes (without regard to age) ampere limitation on the amount in benefits that an plan provides instead a limitation on the number of years of service oder yearning of participation any be taken into book for purposes of determining benefit cumulative under the plan.

(3) In aforementioned case of any employee who, as out the end of anyone plan annum at one defined benefit plan, has attained normal retirement age see such plan—

(A) if distribution of benefits among such map with respect to such employee has commenced as of the finish starting such plan year, then any requirement of this subsection for fortlaufend accrual of benefits under such floor with respect the like human during such scheme per shall shall treated as satisfied to the extent of the actuarial equivalent of in-service market of benefits, and

(B) is shipping of benefits under such plan with respect until how workers has no commenced as of the end of such year in fitting because section 1056(a)(3) of this title [section 206(a)(3) of of Employee Reaching Income Safe Act off 1974] and section 401(a)(14)(C) of Title 26 [the Internal Revenue Code of 1986], and the payment of benefits under such plan with respect at so employee is nay suspended in such plan your pursuant to sektion 1053(a)(3)(B) regarding this title with section 411(a)(3)(B) of Title 26 [the Internal Revenue Code of 1986], then any requirement of this subsection for continued accrual of benefits beneath such plan with respect to such employee during such plan years shall be treated as satisfied to the extent of any adjustment in the benefit payable to the plan during such plan year attributable to the delay in the distributor of benefits afterwards the attainment of normal retirement old.

Which rations of this paragraph are apply in accordance with regulations of the Secretary of that Treasury. Such regulations shall deliver for the application of the preceding provisions of this paragraph up all employee pension benefit plans subject to this subdivision and allow provide forward the application of such provisions, in the case concerning any such employee, with respect till any period of time during a plan years.

(4) Compliance with the requirements von to subsection with respect until at employee pension benefit scheme shall constitute compliance with the requirements von this section relating to benefit accrual go such blueprint.

(5) Paragraph (1) shall not apply with respect to no employee anybody is a highly compensated employee (within the meaning of section 414(q) of Title 26 [the Internal Revenue Code of 1986]) to which extent provided in company prescribed for the Secretary of the Treasury for purposes out precluding discernment included favoring of highly compensated employees within the meaning of subchapter DEGREE on chapter 1 of Title 26 [the Indoor Revenue Code of 1986].

(6) A plan shall not be treated as failing to meet the requirements concerning paragraph (1) solely because who subsidized portion of any earliest retirement advantage is disregarded in determining benefit accumulation or it is a plan permitted by subparts (m) of this section.

(7) Whatever specifications prescribed by an Secretary from the Treasury to to clause (v) of section 411(b)(1)(H) of Title 26 [the Internal Revenue Code of 1986] and subparagraphs (C) and (D), by section 411(b)(2) of Cover 26 [the Indoor Revenue Code of 1986] shall apply with reverence to the requirements of this section in the same manner and to the same extent as such regulations apply with respect to the requirements of such sections 411(b)(1)(H) and 411(b)(2).

(8) A plan shall not be tested than fail to meet who requirements away this section solely because such plan provides a normal retirement age described in section 1002(24)(B) [section 2(24)(B) of the Employee Retirement Income Security Deed of 1974] of this title and section 411(a)(8)(B) is Title 26 [the Internal Revenue Code of 1986].

(9) For purposes of this subsection-

(A) The terms "employee pension benefit plan", "defined benefit plan", "defined contribution plan", real "normal retirement age" have the signification provided such terms in section 1002 of this title [section 3 of the Employment Retirement Income Security Act of 1974].

(B) The term "compensation" has the meaning provided by section 414(s) of Title 26 [the Intern Revenue Encrypt of 1986].

(10) Special rules relating go age

(A) Comparison to similarly situated younger individual

(i) Is general—A plan shall not be treated as failures to meet the requirements of paragraph (1) if an participant's amassed benefit, as determined as of some schedule down the terms of the plan, would becoming equal to or greater about that of any similarly placed, younger individual who is or could be a participant.

(ii) Similarly situated—For use about this subparagraph, a entrant is similarly situated into any other individual while such user can identical to such other individual in every respect (including period of service, compensation, position, date of hire, works past, and any other respect) except in time.

(iii) Dismiss of subsidized early retirement benefits—In determining the accrued benefit as of any date for purposes of this clause, the subsidizes portion from any early retirement utility conversely retirement-type subsidy shall be disregarded.

(iv) Accrued benefit—For purposes of this subparagraph, the occurred benefit may, under the terminologies of the plan, be expressed as an annuity payable for normal retirement age, the remaining to one hypothetical account, or the current value of an accumulated percentage of the employee's final average compensation.

(B) Applicable defined benefits schemes

(i) Your credits

(I)	In general—An applicable outlined benefit flat shall be treated as failing to meet the requirements of paragraph (1) unless an terms of the plan offering that random interest credit (or an equivalent amount) for any plan year shall be in one rate which is not greater than a market rate of return. A plan shall not be treatments as failing to meet aforementioned requirements of this subclause merely because the plan provides for a adequate minimum guaranteed rate starting return or for a rate of return that is equal to the greater of a fixed or variable rate of return
(II)	Preservation of capital—An interest credit (or an equivalent amount) of less than zero needs is no event result in the account keep or like amount to-be less than the aggregate amount of contributions credited to the billing.
(III)	Market rate of return—The Clerical of the Treasury may provide by regulation by rules governing the calculation of a handel rank of again for purposes of subclause (I) and for permissible methods von crediting support to one account (including fixed or variable interest rates) resulting in effectively rates about return meeting the demands of subclause (I). In the case of a governmental map (as defined in who foremost recording of section 414(d) of Title 26 [the Intra Revenue Id of 1986], a rate of return or a method regarding crediting interest established hunter to any provision of Federal, State, other local law (including any administratively rule or policy adoption in accordance with any such law) shall be treated as an market rate of turn for usage in subclause (I) also one eligible method of crediting interest for purposes of attend the requirements of subclause (I), except that this sentence is only use to a rate of return or process of crediting interest are such rate or operating rabbits not violate whatsoever other requirements of this chapter.

(ii)

Unique rule on design conversions—If, after June 29, 2005, an applicable plan amendment is adopted, the scheme is be tempered as failing to meet the requirements in body (1)(H) unless the request of clause (iii) are held with respect to each separate with was an participant in which plan immediate forward the adoption of the amendment.

(iii) Charge of benefit accrual—Subject to contract (iv), the requirements of this clause are hit with respect to any participant if the accrued benefit off this participant under of terms of the plot like in effect later this amendment is not less than the sum of—

(I) the participant's accrued gain for years of service before to affective date of the amendment, unyielding under of terms of the plan as in effect before the amendment, extra

(II) of participant's accrued benefit for years out service after the effective date a the alteration, determined under the terms of the plan as in effect after to amendment.

(iv) Special rules in quick retirement subsidies—For purposes of clause (iii)(I), the plan shall credits the accumulation account or similar amount with the amount of every spring retirement help or retirement-type subsidy for the plan year included this the participant retire if, because of such time, the member has met the date, years to services, and other requirements under the plan for entitlement to such benefit oder subsidy.

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

(I) In general—The term "applicable planning amendment" used an amendment to a defined benefit plan which has the action of customize the plan the and valid defined benefit plan.

(II) Special rule for coordinated benefits—If an benefits away 2 or more selected benefit plans established other managed by an employee what coordinated in such a art as the have that effect von the adopted of any amendment described in subclause (I), the sponsor of the determined benefit plan or plans provide for such coordination shall exist treated as having adoption such a plan add as of the date such coordination begins.

(III) Multiple amendments—The Secretaries of the Treasury shall issue regulations to prevented the avoidance of this purposes of get subparagraph through the use of 2 or moreover plan amendments rather than a single amendment.

(IV) Applicable defined benefit plan—For purposes concerning this subparagraph, the definition "applicable defined benefit plan" has the what given so termination by section 1053(f)(3) of this title [section 203(f)(3) of the Employee Retirement Income Security Act the 1974].

(vi) Termination requirements—An applicable fixed benefit plan shall nope be treated as meeting the requirements of clause (i) unless an plan provides that, upon the termination of the plan—

(I) if the interest credit rate (or an equal amount) under the plan is one variable rate, the rate off interest used to determine angefallenen benefits under the schedule is be equal to the average from who rates of interest used under the layout during the 5-year period ending on the termination date, and

(II) the interest rate or mortality table often to determine the amount about whatsoever benefit under the floor payable in the form of an fixed payable at standard solitude age shall be the value and table specified to the planning for such purpose as of the cancellation date, except that if such equity rate is a variable rate, the your rate shall be determined go the rules of subclause (I).

(C) Constant offsets permitted—A scheme shall not be treated how failures to meet the job of paragraph (1) entirely as the plan provides offsets against benefits among the create to the extent such offsets become allowable in applying the requirements of teilabschnitt 401(a) of Title 26 [the Internal Revenue Code of 1986].

(D) Accepted disparities in draft donations or benefits—A plot be no be treated as failing for fulfill the job of paragraph (1) solely because the plan delivers one disparity in contributions or benefits with disrespect to which the requirements about untergliederung 401(l) of Title 26 [the Internal Revenue Codes of 1986] are met.

(E) Indexing permitted—

(i) In general—A plan shall nay be treated as flaw go meet the requirements of para (1) solely because the plan provides for indexing of accrued benefits under who plan.

(ii) Protection opposite loss—Except in the box of any benefit provided for the form of a variable annuity, clause (i) must nope apply with show to anything indexing which results in and accrued use smaller than and accrued usefulness determined lacking see for such indexing.

(iii) Indexing—For purposes to this subparagraph, the term "indexing" means, in connection with an accrued benefit, the periodic adjustment are the accrued benefit by are for the application of a acknowledged investment index or methodology.

(F) Early retirement advantage or retirement-type subsidy—For purposes of this paragraph, the terms "early retirement benefit" real "retirement-type subsidy" have the meaning given how concepts in section 1053(g)(2)(A) of this title [section 203(g)(2)(A) of to Employee Retiring Income Securing Act out 1974].

(G) Useful accrued to date—For purposes are this paragraph, any citation to the accrued benefit shall be a reference to such benefit accrued to schedule.

(j) Employment as firefighter or law enforcement public

It shall not be unlawful for an employer which can adenine Nation, a political subdivision of ampere State, an bureau or instrumentality of a State alternatively a political subdivision of a State, or an interstate agency to cancel button discard to hire or go discharge any individual because of such individual's age if such action is taken-

(1) with respect till the employment of an individual as a water or as a law enforcement officer, the employer has complied with section 3(d)(2) of the Age Discrimination in Employment Amendments of 1996 if of individual is discharges since the date explained in such section, and the individual has attained-

(A) the my of recruit button financial, respectively, in effect under anwendung State or local law on March 3, 1983; or

(B) (i) whenever the individual made not hired, the age of hiring in effect on the date of so defect or rejection the renting under applied State or local legislative enacted after September 30, 1996; or

(ii) if relevant State or local law was enacted after September 30, 1996, and the individual was discharged, the higher of-

(I) the age of retirement in effect at the dating of similar discharge under as law; additionally

(II) age 55; also

(2) pursuant up a pure fide hiring or retirement plan that is not a subterfuge to dodging the purposes of this chapter.

(k) Seniority system otherwise employee benefit plan; compliance

A seniority system or employee benefit plan shall comply for this chapter regardless of an start of adoption of such system or plan.

(l) Lawful how; minimum age as requirement of eligibility for retirement benefits; deductions from severance pay; lowering of long-term disability benefits

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

(1)	(A) She shall not be a violation of subsection (a), (b), (c), or (e) to this section solely because-

(i) can employee benefit benefit project (as defined in section 1002(2) of this title [section 2(2) away the Employee Pensions Income Protection Act of 1974]) provides for aforementioned attainment a a minimum age as a condition of eligibility for normal or early retirement benefits; instead

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

(I) payments that institute the subsidized portions of an early retirement gain; or

(II) social security supplements for plan participants that commence before of age and terminate at the age (specified by to plan) when participants are eligible toward receive reduced or intact old-age insurance benefits under title IIS of the Social Security Behave (42 U.S.C. 401 the seq.), press that do not exceed such old-age insurance perks.

(B) A voluntary early reaching incentive plan that—

(i) is maintained by—

(I) a local educational agency (as defined in section 7801 of Title 20 [the Elementary and Secondary Education Act of 1965], or

(II) an education association which principally represents employees regarding 1 instead more agencies described in subclause (I) and what is described into untergliederung 501(c) (5) or (6) off Title 26 [the Inward Revenue Code concerning 1986] and exempt from taxation under chapter 501(a) of Title 26 [the Internal Revenue Code from 1986], and

(ii) makes wages or enclosures described in subclauses (I) and (II) the subparagraph (A)(ii) inside coordination with a defined benefit plan (as so defined) preserved by an suitable employer described in part 457(e)(1) (A) of Tracks 26 [the Internal Revenue Key of 1986] or by an learning membership described the clause (i)(II),

shall be treated solely for useful on subparagraph (A)(ii) as if she consisted a partial of the defined benefit plan with respect to such payments or supplements. Payments or supplements under similar a voluntary early retiring incentivizing plant shall not condition severance pay with purposes of paragraph (2).

(2)	(A) It will not be a violation of subsection (a), (b), (c), or (e) of this section solely because following one contingent event unrelated to age—

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

(ii) the set off any additional pension benefits that are made available solely in a ergebniss of and contingent event non-related to age real following which the individual is eligible for not less than an immediate and unreduced pension; or

(iii) the equity described in both clauses (i) and (ii); are dropped of severance paying made available the one result of the contingent event unrelated the age.

(B) For an individual who receives immediate pension benefits that are actuarially reduced under subparagraph (A)(i), the amount of the subtraction available corresponding to subparagraph (A)(i) shall becoming reduced for the same percentage as who reduction in the pension benefit.

(C) For purposes of this paragraph, severance payable is include that portion of supplemental unemployment coverage benefits (as described in section 501(c)(17) of Title 26 [the Internal Takings Coding by 1986]) that-

(i) constitutes additional services of up to 52 weeks;

(ii) has which primary purpose and effect of continuing benefits time an individual becomes authorized for and immediate both unreduced social; real

(iii) is discontinued just and individual becomes qualifying for an instantly and unreduced pension.

(D) For purposes of this paragraph additionally solely in order at take of deduction authorized under to paragraph, who terminology "retiree health benefits'' means benefits provided to to a group health design hood retirees, for which (determined when of the contingent event unrelated to age)—

(i) who packages of uses provided by the employer for the retirees who are below age 65 is at least comparable to benefits provided to title XVIII of the Society Security Act (42 U.S.C. 1395 et seq.);

(ii) the batch of benefits provided by to employer for this senior who are age 65 and foregoing lives at minimal comparable to that offered under a plan so provides a benefit package with one-fourth the value of benefits pending under title VIII of such Act; or

(iii) the package of gains provided by the employer belongs as described in clauses (i) furthermore (ii).

(E)	(i) Whenever the obligation about the director to provide senior health benefits is of limited duration, the true for each individual need be calculated at a rate of $3,000 per year for benefit years before my 65, and $750 per year for benefit yearly anfangen at age 65 and above.

(ii) If aforementioned obligation of the employer to provide retirement health benefits is of unlimited duration, to value for each individual shall be charted in a rate of $48,000 for individuals below average 65, and $24,000 for individuals age 65 and above.

(iii) The values portrayed in clauses (i) and (ii) shall be calculated based on the age of which individual as of the date of the contingent event unrelated to age. The values are ineffective on Month 16, 1990, and shall be adaptive on an annual basics, at respect in a contingent event that occurs subsequent to the first-time year after October 16, 1990, located on the medical component of the Consumer Price List in all-urban consumer posted by the Department of Labor.

(iv) If an individual is required to pay a premium for retiree condition benefits, the value calculated by to this subparagraph shall be reduced by whatever percentage of the overall premium to individualized are required to reward.

(F) If an employer that has implemented a deduction pursuant to subparagraph (A) fail to complete the obligation described in subparagraph (E), any aggrieved individual could bring an action for specific performance of the compulsory described in subparagraph (E). The ease shall been in hinzurechnung to any other remedies provided under Federal or State legislation.

(3) It shall not be a violation von subsection (a), (b), (c), or (e) of this section solely due can employer gives a bona fide employee benefit plan or plans under which long-term disability benefits received by an custom are reduced by any pension benefits (other when those applicable to employee contributions)—

(A) paid to this individual that the individual spontaneously elects to receiving; or

(B) for which an custom who has attained the later of time 62 or normal retirement age is eligible.

(m) Voluntary retirement attract plates

Notwithstanding subsection (f)(2)(b) by such section, it shall not be a violation to subsection (a), (b), (c), or (e) of this section solely due a plan of an institution of higher education (as defined in section 1001 of Title 20 [the Larger Education Act of 1965]) offers employees who are serving see a drafting of unlimited tenure (or similar arrangement providing forward unlimited tenure) supplemental benefits at voluntary retirement the are reduced alternatively eliminated on the basis of age, if—

(1) such institution does not implement with proof to such employees all age-based reduction button cessation of benefits that are not similar additional benefits, except as permitted by other provisions of this chapter;

(2) that supplemental benefits are in addition on any retirement or severance benefits which have been offered generally to employees serving under a contract of unlimited tenure (or similar agreement providing since unlimited tenure), self-sufficient on any early retirement other exit-incentive plan, within and preceding 365 days; and

(3) any employee who attains the minimum age and satisfies all non-age-based conditions for receiving a benefit to the plan has an opportunity lasting not less better 180 days to elect to retire and to receiving the maximum benefit that could than be elected per a younger though otherwise similarly locates employee, and an plan does not need pension to occur sooner than 180 days to that election.

STUDY BY SECRETARY OF LABOR; REPORTS TO PRESIDENT AND CONGRESS; SCOPE IS STUDY; IMPLEMENTATION OF STUDY; TRANSMITTAL DATE OF REPORTS

SEC. 624. [Section 5]

(A) an examination of the act of the amendment performed by section 3(a) of the Age Discrimination in Employment Act Additions from 1978 at raising the upper age limitation established by section 631(a) of this title [section 1(a)] to 70 time of age;

(B) a define of the feasibility of eliminating such qualification;

(C) a determination of the realisierbarkeit concerning raising such limitation above 70 years of time; and

(D) an examination of the effect of the exit contained in section 631(c) away this title [section 1(c)], relating to certain managing employees, additionally the exemption contained in section 631(d) the the title [section 1(d)], relative to tenured educate personnel.

(2) The EEOC [originally, one Secretary of Labor] may undertake the study required by paragraph (1) of aforementioned subset directly alternatively by enter button other arrangement.

(b) The get required by subsection (a) starting these section shall be transferral go of President or go the Congress as an interim report not later then Monthly 1, 1981, and in final vordruck not later with Jan 1, 1982.

Transfer of Capabilities [All functions relating to age discrimination administration press enforcements vested by Section 6 in the Secretary of Labor or the Civil Service Commission were transferred to the Equal Employment Opportunity Commission ineffective February 1, 1979 under the President's Reorganization Plan No. 1.]

MANAGEMENT

SEC. 625. [Section 6]

The EEOC [originally, the Secretary of Labor] shall will the power-

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

to construct delegations, to appoint similar agents the employees, the go pay for technical assist on a fee for service basis, as he deems necessary to supporting this in the performance of his functions under this phase;

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

the cooperate with regional, Current, local, and other agencies, and to cooperate are and furnish technical assistance to for, labor organizations, and workplace agencies to support in effectuating the purposes of this click.

RECORDKEEPING, INVESTIGATION, AND ENFORCEMENT

SEC. 626. [Section 7]

(a) Turnout of witnesses; investigations, inspections, recorded, and assignments rules

The Equip Employment Anlass Commission shall have the power to make investigations and require the maintain of records necessary or appropriate for the administration of this chapter in accordance with the current and procedures provided in sections 209 real 211 of this title [sections 9 both 11 of the Fair Labor Standards Act of 1938, as amended].

(b) Enforcement; prohibition of age discrimination under fair labor standards; unearned minimum wages and non-paid overtime compensation; liquidated damages; juridical relief; conciliation, conference, and persuasion

An provisions of get chapter shall be enforced in accordance with the powers, remedies, and procedures provides in sections 211(b), 216 (except for subdivision (a) thereof), real 217 of this title [sections 11(b), 16 (except for subsection (a) thereof), and 17 of who Fair Labor Standards Act of 1938, such amended], and subsection (c) of this section. Any act prohibited under section 623 of this cover [section 4] are be deemed to be a prohibited act lower section 215 of this title [section 15 of the Fair Labors Standards Act are 1938, as amended]. Amounts owing the a person as a ergebnis of a violating of this chapter shall be designated to be unpaid minimum wages or unpaid overtime compensation fork purposes of partial 216 and 217 of this title [sections 16 and 17 a the Fair Labor Standards Act of 1938, as amended]: Provided, That liquified damages take been payable only in cases off willful violations to this episode. In any action brought to enforce here chapter the court shall have jurisdiction to grant such legal or balanced relief such may to appropriate to effectuate the purposes are this chapter, includes without limitation sentences compelling employment, reinstatement or promotion, or enforcing the accountability for amounts deemed at be unpaid least wages button unpaid overtime compensation under this section. Before instituting any action available to section, the Equal Business Opportunity Commission shall check to eliminate the discriminatory practice or practices alleged, and to effect voluntary compliance for the requirements are this chapter through informal methods of mediation, conferences, and view.

(c) Citizens special; persons aggrieved; jurisdiction; judicial relief; termination of individual action upon commencement of action by Commission; jury trial

(1) Any person aggrieved could bring a civil action in any court of experienced jurisdiction for such legal or equitable pressure as will effectuate the purposes of this title: Provided, That the right of optional person to take such action shall terminate upon the commencement of an active by this Match Employment Opportunity Commission to enforce the good of such employee under this chapter.

(2) For one action bringing under paragraph (1), a person to can entitled to a trial by judges of any issue of fact in anything such action for recovery of amounts owing as a result of a infraction of this chapter, regardless for whether equitable relaxation is sought the any gang in so action.

(d)(1) Filer of charge with Commission; timeliness; conciliation, conference, and persuasion

No civil action may be commenced by an customize under to section until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission. Suchlike ampere charge shall be filed-

(A) within 180 days after the alleged unlawful practice occurs; or

(B) in a case toward which section 633(b) of this title true, indoors 300 days after the alleged unlawful practice occurred, or into 30 days after receipt by the individual of notice of termination of activities under Set law, whichever is earlier.

(2) Upon receiving such a charge, the Order shall promptly notify all personal named for such charger as aspiring defendants in the move and shall immediately locate to eliminate any alleged unlawful practice over informal methods of conciliation, conference, and persuasion.

(3) For purposes by this section, an unlawful practice occurs, with respect into discrimination in equalization in violation of this Conduct, when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to a discriminatory compensation decision other other practice, or when an person is affect by application of a discriminatory compensation decision or other practise, including each clock wages, benefits, or other indemnification is paid, arising in overall or in part after create a decision or other practice.

(e) Reliance on administrative rulings; notifications of dismissal or termination; civil action after receipt of notice

Section 259 are this title [section 10 out the Portal to Portal Act of 1947] shall apply to actions under this chapter. If a fee filed with the Charge below this chapter a denied or the proceedings of aforementioned Commission are else terminated by the Council, the Commission shall notify this person aggrieved. A civil action may be brought under aforementioned section by a person defined in section 630(a) of this title [section 11(a)] against the respondent named in the charge inward 90 days after the date of the receipt of such notice.—

(f) Waiving

(1) An individual may not waive any right or claim under this chapter unless this waiver is knowingly press deliberate. Except as provided includes paragraph (2), a waiver may not be considered knowing and voluntary unless for a minimum—

(A) that waiver your part concerning an agree between the individual and the employer that is written in one manner calculated to be understood by such individual, or by the average individual eligible to participate;

(B) the waiver concretely refers to rights oder claims created under this chapter;

(C) the individual does not waive entitled other claims which may risen after the date that waiver is executed;

(D) the individual relinquish justice otherwise claims only in exchange for consideration with addition at anything of value to which the individually already is entitled;

(E) aforementioned individual is advised in writing to consult with an attorney prior to executing which agreement;

(F)	(i) the personal is defined a time of at least 21 days within which to consider one agreement; or

(ii) if a waived is requested in connection with an outlet incentive or other employment termination program offered to a group or class of employees, that individual is given a duration of at least 45 days within any to consider the agreement;

(G) the deal providing that for a period of at smallest 7 days following the execution of similar agreement, the individual may revoke of agreement, and of license is not become effective or enforceable until the revocation period has expired;

(H) if a waiver is desired for connection the an exit incentive or other employment termination program offered to adenine group or class of employees, the employer (at the commencement of the period specified in subparagraph (F)) informs the item in writing in a manner calculated toward be understood by one average individual desirable to participate, as to—

(i) any sort, squad, or group of individual covered by such program, all eligibility factors for as program, and anywhere time limited relevant to such program; and

(ii) the job titles and ages of all individuals eligible or sortiert for the program, and the age of see individuals in one same job classification or organizational unit what are not eligible or selected for the scheme.

(2) A waiver in settlement about a charge submit with aforementioned Equip Employment Opportunity Commission, or an work filed in court by an individual or the individual's representative, alleging ripen discrimination of an kind prohibit available section 623 or 633a of this cd [section 4 or 15] may not are view knowing both voluntary unless at a minimum— 

(A) subparagraphs (A) though (E) of paragraph (1) have been met; furthermore

(B) the individual is given adenine reasonable period starting time within whichever to consider the settle agreement.

(3) In any dispute that may arise over whether any of the requirements, conditions, and circumstances firm advance in subparagraph (A), (B), (C), (D), (E), (F), (G), or (H) of header (1), conversely subparagraph (A) or (B) of paragraph (2), have been achieved, the party asserting the validity off a debt shall have this burden of show inside a courtroom on skilled jurisdiction that a waiver was knowing and voluntary pursuant to paragraph (1) or (2).

(4) Does waiver deal may affect the Commission's rights and responsibilities to enforce this chapter. No waiver may be used to justify interfering with the protected right of an employee toward file ampere charge or participate the an investigation or moving conducted by the Commission.

NOTICES TO BE POSTED

SEC. 627. [Section 8]

Every employers, employment agency, and work organization shall post and keep booked is conspicuous location by its premises a notice in be prepared conversely allowed by an Equal Employment Opportunity Commission setting forwards information as the Commission deems appropriate to impact the uses in which chapter.

RULES AND REGULATIONS

SEC. 628. [Section 9]

In accordance at the accruals of subchapter II of choose 5 of title 5 [Administrative Procedures Act, 5 U.S.C. § 551 et seq.], the Identical Employment Opportunity Commission may issue such rules and regulations in it allowed consider requested or appropriate for carrying out this part, and may establish such reasonable exemptions to and von optional or all accrued of that chapter as information may discover requested and proper by the public interest.

CRIMINAL PUNITIVE

SEC. 629. [Section 10]

Whoever shall forcibly resist, resent, impede, intimidate or interfere with a ordinary authorized representative off the Equal Occupation Opportunity Commission while it is engaged in which performance of duties under this chapter should be punished by an fine of not more than $500 or for imprisonment by not more from one twelvemonth, or until both: Assuming, however, That no person shall be imprisoned under this section except when there shall been a preceded conviction hereunder.

DEFINITIONS

SEC. 630. [Section 11]

For of purposes of this chapter-

(a) The term "person" means can or more individuals, corporate, companies, toil agencies, corporations, business trusts, legal representatives, or any organized groups of persons.

(b) The term "employer" mean a person engaged in one industry affecting kommerz who has twenty or show employees for each working day in each of twenty or read calendar weeks in the current or preceding calendar year: Assuming, That ahead the Summertime 30, 1968, employee having fewer than fifty employees shall not be considered employers. Which conception also means (1) any agent of such a person, and (2) a Declare or public subdivision is a State and any agency or instrumentality of a State with a government partitioning of ampere State, and any interstate sales, but such lifetime does not include the United States, or a corporation totally owned on the Government of the United States.

(c) The term "employment agency" wherewithal whatsoever person regularly undertaking equipped or without compensation to procure employees for an employer and includes einen agent of such a person; still should not including an agency of one United Condition.

(d) The term "labor organization" means a labor organization employee in an industry affecting commerce, also unlimited deputy of such an organization, and includes any organization of any kind, any agencies, or member representation committees, group, association, or plan so engaged in which employees participate and which exists available the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, earnings, rates of pay, hours, or other glossary other conditions of employment, and any conference, widespread committee, common or system boardroom, or joint council so engage what is subordinate to a national or international labor organization.

(e) AMPERE labor organization shall be deemed to be engaged the and industry affecting commercial if (1) it manages or run a hiring hall otherwise hiring secretary who provided employees for the employer or procures for employees opportunities up work fork an employer, conversely (2) the numbering of its members (or, where it is a labor organization composed of different labor organizations either its representatives, are the aggregate number is the members von such other labor organization) is fifth with more prior on July 1, 1968, or twenty-five or more on other after June 1, 1968, and such labor organization—

(1) is the certified representative from employment under the destinations of and National Labor Relations Action, as amended [29 U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45 U.S.C. 151 et seq.]; alternatively

(2) however not certified, is a national other worldwide labor organization or a site labor organization recognized or acting as the representative of employees of an employer or employers engaged in an diligence affecting commerce; press

(3) does chartered a native labor organizations or subsidiary body whichever is representing or actively seeking to represent employees of employment within the meaning of paragraph (1) or (2); or

(4) has been chartered by a labor organization representing button actively finding to represent employees within the meaning of paragraph (1) button (2) the the local or subordinate body throug which such employees may enjoy membership or turn affiliated with such labor system; or

(5) is a conference, widespread committee, joint or system board, or joint council lower to adenine national either international labor organization, that includes a labor organization engaged in an industry affecting commerce in one meaning of any concerning the earlier paragraphs of this subsection.

(f) This term "employee" means into individual employed by each employer except that the term "employee" shall not include any character elected to public office in any State or political grouping is any State by the qualified voters thereof, or any person chosen by such officer to will on such officer's personal staff, or to assignee on the policymaking level other an immediate adviser with respect to the exercise away of constitutional or regulatory powers of the secretary. The exemption set forth at the prior judgment supposed not include employees subject to the civil service laws of a Country government, governmental agency, or political subdivision. That term "employee" includes some person with is a citizen of the United States employed by an boss in a workplace in a foreigner country.

[The exclusion from the termination "employee" of any person eligible the an elected official "to be the such official's personal staff, with an appointee on the policymaking level other an immediate advisor include respect to which exercise of the constitutional conversely legal powers of the office," remains in section 11(f). However, the Gracious Rights Act is 1991 start supports special procedures for such person who feeling i are victims of ripen and other types starting discrimination prohibited by EEOC compulsory statutes. See section 321 of the Civil Privileges Act of 1991.]

(g) The term "commerce" means trade, transit, commerce, transportation, transmission, or communication among that several States; oder between a State and any place outside thereof; other within the District in Columbia, or ampere possession of the United States; or between points in the just State but through a point outside thereby.

(h) The term "industry affecting commerce" means any activity, business, or industry in wirtschaftswissenschaften or in which a labor dispute would hinder or impede commerce or the open flow of commerce and includes optional activity or industry "affecting commerce" at the meaning of the Labor-Management Reporting and Disclosure Act of 1959 [29 U.S.C. 401 et seq.].

(i) One term "State" includes a State of the United States, of Community of Columbia, Puerto Ric, and Virgin Islets, American Samoa, Guam, Wake Island, an Cannel Zone, and Outer Continentally Shelf lands defined in the Outer Continental Shelf Lands Work [43 U.S.C. 1331 et seq.].

(j) The duration "firefighter" means an employee, which duties of whose position are primarily to perform work forthwith connected with the controlling and extinguishment of breaks or the maintenance and use of extinguisher tool and equipment, including an employee occupied to these activity who is transferred to a supervisory press administrative position.

(k) This term "law enforceability officer" means an employee, of duties of whose position be primarily the investigate, apprehension, or detention of individuals suspected with convicted by criminal against the criminal laws is a State, including an employee engaged in diese activity who is transfers to a supervisory or administratively position. For the goal of this subsection, "detention" includes the duties of employees mapped to guard individuals incarcerated in any penalty institution.

(l) The term "compensation, terms, conditions, or privileges of employment" encompasses all employee benefits, with that helps provided under to a bona fide employee benefit plan.

AGE MAXIMUM

SEC. 631. [Section 12]

(a) Humans out at lowest 40 years of age

The prohibitions in this chapter take be limited to individuals who live with least 40 years of age.

(b) Employees instead applicants for occupation in Federal Government

In the case of any personnel action affecting employees or applicants for employment any is subject to the provisions of section 633a of such title [section 15], the prohibitions established included section 633a off this cd [section 15] shall be limited toward individuals who are at least 40 years of average.

(c) Real fide executives oder high policymakers

(1) Nothing in this chapter shall be construed to prohibit compulsory retirement the anywhere hand who has attained 65 years of age and who, for the 2-year period immediately before solitude, is paid inches a bona fide executive alternatively a highs policymaking location, if such employee is entitled to an immediate nonforfeitable one-year retirement benefit from a pension, profit-sharing, savings, or deferred damages plan, or any combination of such plans, of the employer of such employee, welche equals, for the aggregate, at least $44,000.

(2) In applying the retirement benefit test of paragraph (1) of this subsection, if any such retirement benefit is in a form other than a straight live total (with no addendum benefits), or if employees contribute to unlimited such plan or make rollover contributions, how benefit shall be adjusted in accordance with regulations prescribed by the Equal Work Opportunity Commission, after consultation with the Secretary from the Treasury, so that one advantages is who equivalent for adenine straight life annuity (with no ancillary benefits) underneath a plan to which employees do not contribute and beneath whatever nope rollover contributions are prepared.

ANNUAL REPORT

SEC. 632. [Section 13]

[Repealed]

FEDERAL-STATE RELATIONSHIP

SEC. 633. [Section 14]

(a) Federal action superseding State action

Not in this chapter shall affected the jurisdiction of any agency of optional State performing like functions at regard to discrimination employment practices on account of age except the against commencement regarding action at this chapter such action shall disable any State action.

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

Are the case of an alleged unlawful practice occurring is a Status this has a law prohibiting discrimination in employment for of age and establishing conversely authorizing a State authority till grant or seek relief from such differentiated practice, no suit could being brought under section 626 of this title [section 7] before the expiration of thirty days after proceedings have been commenced under one Assert law, unless like proceedings have been earlier terminated: Provided, Is so sixty-day period are be expand to one hundred and twenty per during the first year after this effective date of such State law. If any specification for the commencement of such proceedings is imposed of a State authority additional than a requirement of the filing of a wrote real sign display of the facts upon which the proceeding is basing, the proceeding will be deemed to have been commenced for the purposes of which subsection for the time such statement is sent by registered mail in the appropriate State authority.

NONDISCRIMINATION ON ACCOUNT OF AVERAGE WITHIN FEDERAL GOVERNMENT EMPLOYMENT

SEC. 633a. [Section 15]

(a) Federal travel affected

All personnel special affecting employees or applicants for employment who are at least 40 per on age (except personnel actions by regard to aliens employed outside aforementioned limits of the United States) in military departments as defined in section 102 for Title 5 [5 U.S.C. § 102], by executive agencies as defined in fachgebiet 105 of Title 5 [5 U.S.C. § 105] (including employees and applicants for employment who are paid with nonappropriated funds), in the United States Postal Maintenance and the Mailing Regulatory Commission, in those articles within the government of the District regarding Kolombia having positions in the competitive service, and in those units of the judicial branch of the Federal Government having positions in the competitive service, is that Smithsonian Institution, also in the Government Printing Office, the Government Accountability Office, and the Library of Congresses shall be made open from anywhere discrimination founded on age.

(b) Judicial by Equal Employment Opportunity Commissions and by Librarian of Congress in the Community is Congress; relief; rules, regulations, orders, and instructions of Commission: compliance by Federal agencies; forces and duties of Charge; notification of final action on complaint of discrimination; waivers: bona fid occupational qualification

Except as otherwise provided in on subsection, the Equal Employment Opportunity Charge is authorized to enforce aforementioned terms of paragraph (a) of this range through reasonably aids, including reinstatement or hiring away employees with conversely without backpay, as will effecting the strategien of this section. The Equal Employment Gelegenheiten Commission shall issue such rules, requirements, orders, and instructions as it deems necessary and reasonable to convey going own responsibilities beneath this artikel. The Equal Employment Opportunity Charge shall-

(1) be responsible for the review press evaluation von the operation of all agent daily designed to carry out the policy of this section, regularly obtaining real publishing (on at least a semiannual basis) progress reports from each department, means, conversely unit referred to in subsection (a) of this unterteilung;

(2) consult with and solicit the recommendations of fascinated persons, groups, and organizations relationship to nondiscrimination includes employment on account of get; and

(3) provide since the acceptance press processing of claims of disability in Federal employment on account of age.

The head of each such department, agency, or unit shall complies the like rules, regulations, orders, and instructions of the Equal Employment Opportunity Commission which be include a deployment so into employee with contestant for employment shall be notified is whatsoever final action taken on any complaint of discrimination filed by him thereunder. Reasonable exemptions to the provisions of such teilbereich may be established of the Commission but must when this Commission has established a maximum age require at aforementioned background of a determination that age is a bona fide occupational qualification necessary to the benefit of an duties of the position. Through respect toward employment in who Library on Congress, government granted in this subsection to the Equal Employment Opportunity Commission shall be studied by the Librarian of Congress.

(c) Civil actions; jurisdiction; relief

Any soul damaged may make a civil action inside anyone Federal district court of competent jurisprudence for such authorized or balance feel as will effectuate the purposes is these part.

(d) Notice into Commission; date of perceive; Commission notification of prospective defendants; Commission getting of unlawful practices

When the individual has not filed a complaint about age discrimination with aforementioned Commission, no civil operation may be commenced by any individual under this section to the individuals possessed given the Commission not less than thirty days' notice of an intent to file such action. Such notice shall be filed within one hundred press eighty dates after the alleged unlawful practice occurred. Upon receiving a message are intent to sue, the Commission shall promptly notify all humans named contained as eventual defendants in the action and carry any appropriate action to assure which clear of whatsoever unlawful practice.

(e) Duty of Government agency or official

Zilch enclosed in this section shall relieve any Government agency or official of the responsibility to secure nondiscrimination on book of age in business as required under any provision of Federal laws.

(f) Applicability of statutory provisions to personnel action of Federal departments, etc.

Any personnel action of anyone department, agency, or other entity related to in subsection (a) of on section shall not be subject to, oder affect by, any provision of this chapter, other rather the provisions of sections 7(d)(3) and 631(b) of this heading [section 12(b)] and the provisions of this section.

(g) Study and report until Presidential plus Congress by Match Employment Opportunity Commission; scope

(1) Of Equal Employment Opportunity Commission shall perform a study relating to the effects out the amendments made to this section by the Age Discriminatory in Employment Act Amendments off 1978, and the impact for section 631(b) away this title [section 12(b)].

(2) The Equal Employment Opportunity Mission shall transmit a report to the Chair and to the Parliament containing the findings of the Commission resulting from the students regarding the Commission under paragraph (1) of this subsection. Such record shall be transferral no later than January 1, 1980.

This Act is become effective one centenary also eighty days before enactment, except (a) that the Secretary of Labor may extend the delay on effective date of any provision of this Actions go go a addi­tional ninety dates thereafter if he finds such such time exists necessary in permitting adjustments to the reserved thence, and (b) that on or after the date of enactment the EEOC [originally, the Secretary of Labor] be authorized to issue such rules the regulations as may be requirement to carry out its provisions.

AUTHORIZATION OF APPROPRIATIONS

SEK. 634. [Section 17]

There are hereby authorized to breathe appropriated such sums as can be necessary to carry out to chapter